Supreme Court directs Maharashtra to notify 27% seats reserved for OBCs as general

The top court issued the direction, keeping in line with the view that the reservation cannot be issued on caste census 2011 data, as it was 'faulty'

The Supreme Court of India. Credit: PTI Photo

In a setback to the Maharashtra government, the Supreme Court on Wednesday directed the State Election Commission to notify 27 per cent of seats reserved for Other Backward Classes to the general category so that the poll process can be taken forward.

The court had on December 6 stayed the local body election in Maharashtra over seats reserved for the OBCs.

A bench of Justices AM Khanwilkar and CT Ravikumar directed the SEC to issue a fresh notification for the 27 per cent seats within a week.

“In other words, the SEC must immediately issue fresh notification for the 27 per cent seats, reserved for OBC, as general category and initiate election process for these seats along with the election process, already on its way for the remaining 73 per cent of seats, in the concerned local body,” the bench said.

Also Read — Supreme Court dismisses Maharashtra's plea for use of Socio-Economic Caste Census 2011 data

The court said it is not possible to allow reservation for OBC category without collecting all data on the inadequacy of representation.

The bench said there is no reason to modify the December 6 order in that regard. It, however, said the hiatus cannot be continued for an indefinite period and issue fresh notification.

The court said this direction would apply even to the by-elections of the concerned local bodies. It posted the matter for hearing on January 17.

During the hearing, senior advocate Mukul Rohatgi, appearing for Maharashtra, sought time from the court for a commission to go into exercise for collecting relevant data in terms of the constitutional mandate.

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