The Supreme Court Thursday warned the Maharashtra State Election Commission (SEC) of contempt action if it renotifies the election process to 367 local bodies, where it has already commenced, in order to provide reservation to OBCs.
The SEC, it said, "cannot and shall not" renotify the election programme, voicing displeasure over the "misreading" of its July 20 order. Any breach of its directives will invite contempt for the SEC and others concerned, the court said.
The Supreme Court had on July 20 accepted the recommendations of the Banthia commission providing 27 per cent OBC reservations in local body elections and directed that election for local bodies in the state be notified in the next two weeks.
It had, however, made clear the same day that the new reservation policy will not apply to the 367 local bodies where the election process had already begun.
The court had noted in its July 20 order that the counsel for the SEC had said the election programme in respect of 367 local bodies has already started and will be taken to its logical end. The apex court had quashed the SEC notification providing for 27 per cent quotas for OBCs in local bodies in early 2021.
In December 2021, it ruled reservation for OBCs in local bodies will not be allowed unless the government fulfils the triple test laid down in the SC's 2010 order. The top court had ruled that until the triple test criteria is fulfilled, the OBC seats will be re-notified as general category seats.
The triple test required the state government to set up a dedicated commission to gather data on the backwardness of OBCs in every local body, to specify the proportion of reservation in each local body in light of commission's recommendations, and ensure that such reservation does not exceed 50% of the total seats reserved for SC/ST/OBC together.