SC orders status quo for 5 weeks on BMC elections in Maharashtra

New Delhi, Aug 22: The Supreme Court, hearing the matter related to the OBC reservations in Maharashtra local elections, on Monday ordered the parties to maintain status quo for five weeks and stated that a special bench would be constituted for the same.

The matter was heard by a special bench comprising Chief Justice NV Ramana and Justices Abhay S Oka and JB Pardiwala.

As per its order dated 20.07.2017, the Court had allowed OBC reservation as recommended by the Backward Classes Commission in the local bodies but the court had clarified that OBC reservation could not be implemented in 367 bodies where election process had already been notified, Live Law reported.

In July, the Supreme Court directed the Maharashtra state election commission (SEC) and the state authorities to commence the process for local bodies' election within two weeks.

The apex court, which was hearing the case related to OBC quota in Maharashtra local body elections and was apprised that the poll process for 367 local bodies has already started, observed the election cannot be deferred anymore.

"We want elections to be held and we are making it loud and clear to all of you. Let the election process commence. Let it be taken to the logical end," a bench headed by Justice AM Khanwilkar said, while directing that the poll process be commenced within two weeks.

The bench, also comprising justices AS Oka and JB Pardiwala, was hearing an application related to local bodies' elections in Maharashtra.

The top court noted that the counsel appearing for the SEC pointed out that the election programme for 367 local bodies had already commenced and the same would be continued and taken to its logical end in due course.

"As regards the remaining local bodies referred to in the chart filed in the status report, we direct the election commission and all the state authorities to ensure that the election process in respect of each of those local bodies is immediately commenced and taken forward on the basis of the direction given by this court in an order dated May 4, 2022," the bench said.

In its May 4 order, the apex court had directed the SEC to notify the programme for local bodies elections within two weeks.

During the hearing on July 20, the counsel appearing for the SEC said they have filed a compliance report and gave details about the status of the election process.

The bench dealt with the application filed by Maharashtra which said that the poll panel should be permitted to proceed with the election process of the remaining local bodies on the basis of the report of the dedicated commission for reservation for other backward classes (OBCs) in the local bodies that was submitted on July 7 after complying with necessary inquiries for arriving at a figure for providing reservation local body wise.

In December last year, the top court had directed the SEC to notify 27 per cent of seats in the local body, which were reserved for the OBCs, as general seats so that the poll process can be taken forward.

The top court had in January directed the state government to submit data on OBCs to the commission to examine its correctness and make recommendations on their representation in elections for the local bodies.