The Supreme Court on Monday decided to hear the petition of government of Maharashtra on January 19, seeking suspension of its order, directing the State Election Commission (SEC) to renotify 27 per cent seats reserved for Other Backward Classes (OBC) in local body polls of the state, as general category seats.

A three-judge Bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar passed the order on request of Senior Advocate Shekhar Naphade, representing Maharashtra government. 

The Apex Court was hearing a bunch of petitions, challenging the state’s ordinance to provide 27 per cent reservation for OBCs.

The petitions have also assailed the the State Election Commission’s (SEC) notification of rules for the local body elections, in accordance with the ordinance.

On December 6, 2021, the top court had stayed the SEC notification with respect to OBC seats on the ground that it was prima facie against the mandatory triple-test laid down by it in the judgement of Vikas Kishanrao Gawali vs State of Maharashtra.

Later on December 15, 2021, the Court had ordered SEC to renotify the 27 per cent OBC seats as general category seats and to hold the polls simultaneously for all seats.

“The SEC must issue fresh notification for the remaining 27 per cent seats reserved for OBC as general category and commence election process for them along with remaining 73 per cent, which is on its way. SEC must declare te results of both polls simultaneously,” the Court had directed.

In the Vikas Krishnarao judgment, the Court had struck down the state’s move to introduce 27 per cent reservation for OBCs in zilla parishads and panchayat samitis, saying it was violative of the 50 per cent cap laid down in the Supreme Court’s Indra Sawhney judgement.

As per the triple test laid out in the order, the following conditions are required to be complied by the state before reserving seats in local bodies for OBCs:

– constituting a commission to study the nature and implications of backwardness with respect to claims for reservation in local bodies;

– laying out the quantum of reservation in line with recommendations of the said commission; and

• not breaching the 50 per cent cap on reservation.

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