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SC put stay on 27% reservation for OBC in Maharashtra Local Body election

by TLN Team December 6, 2021December 6, 2021
written by TLN Team December 6, 2021December 6, 2021
SC put stay on 27% reservation for OBC in Maharashtra Local Body election

Supreme Court on Monday stayed the 27% reservation for the Other Backward Classes in the local body elections until further orders.

The bench comprising Justices AM Khanwilkar and CT Ravikumar passed the order in writ petitions filed challenging the Maharashtra Ordinance which introduced 27% OBC quota in the local body elections and the consequent notifications issued by the State Election Commission to give effect to the same.

The bench observed that the 27% OBC Quota could not have been implemented without setting up a commission and without collecting data.

“Without setting up of 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 1st step which ought to have been done”, the bench observed in the order.

The bench ordered that the State Election Commission cannot be permitted to proceed with the election program already notified in respect of OBC reservation category. The rest of the election program can proceed for other reserved seats including general category, the bench clarified.

The bench also ordered that the SEC shall not notify the reserved seats in the OBC category for mid-term or other general elections as the case be till further orders.

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