The Supreme Court on Monday stayed 27% reservation for the Other Backward Classes in the local body elections, brought by an Ordinance by the Maharashtra government.
A bench of Justices A M Khanwilkar and C T Ravikumar said that a 27% OBC quota could not have been implemented without setting up a commission and without collecting data regarding the inadequacy of representation local government wise.
"Without setting up of a commission to collect data local government wise, it is not open to the State Election Commission to provide for reservation of OBC category. That is the first step which ought to have been done," the bench said in the order.
The court passed the order in writ petitions, challenging the validity of the Maharashtra Ordinance which introduced a 27% OBC quota in the local body elections and the notifications issued by the State Election Commission in this regard.
The bench ordered that the State Election Commission cannot be permitted to proceed with the election programme in respect of the OBC reservation category.
The last date for filing nominations for the local body has been fixed on December 7.
In September this year, the state government brought the Ordinance to amend the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 and Maharashtra Village Panchayat Act for Zilla Parishads, Panchayat Samiti and Gram Panchayats, reserving 27% seats for the (OBC) community.
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(Published 06 December 2021, 13:45 IST)
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