Maharashtra local body polls: SC orders status quo, to set up a special bench

The Supreme Court on Monday told the Maharashtra government and the state election commission to maintain the status quo in connection with the poll process for the local bodies in the state.

A bench presided over by Chief Justice N V Ramana said the matter required a detailed hearing and it would be posted before a separate special bench for the final disposal.

The bench, also comprising justices Abhay S Oka and J B Pardiwala was hearing a plea of the Maharashtra government seeking a recall of the top court’s order, directing the SEC not to re-notify the poll process to 367 local bodies in order to provide reservation to OBCs.

The bench posted the matter for consideration after five weeks.

The Maharashtra government sought recall or modification of the July 28 order, and also directly to the SEC to hold the elections for the 96 local bodies, out of 367 local bodies, namely 92 municipal councils and four Nagar panchayats, allowing OBC reservation as per the report prepared by the Dedicated Commission for Reservation for Backward Class of Citizens in local bodies of the state.

On July 28, the court had cautioned SEC of contempt action if it re-notifies the election process to 367 local bodies, where the process has already commenced, to provide reservation to OBCs.

The state government had contended that under the constitutional scheme, it was deemed fit to give political reservation to OBCs to ensure that they are duly represented inside the government and that their voice is heard.

On July 20, the Supreme Court accepted the recommendations of the Banthia commission to apply 27 % OBC reservations in local body elections in Maharashtra and directed that election for local bodies in the state be notified in the next two weeks.

On July 28, the apex court had said the poll schedule was already notified when it allowed OBC reservation and the polls for those bodies must be held without the OBC reservation. It said the state election commission cannot interfere with the election, which has already been notified and only the dates can be re-aligned. The top court did not appreciate that despite clarifying the issue several times, the SEC had taken a decision to re-schedule the poll. It made it clear SEC and the concerned officials would be liable for contempt of court for breaching its order.

The top court, in December 2021, had ruled that reservation for OBCs in local bodies will not be allowed unless the government fulfils the triple test laid down in the apex court’s 2010 order.