Supreme Court Orders Maharashtra SEC Not to Renotify Poll With OBC Quota [29.7.22]

The Supreme Court on Thursday hauled up Maharashtra State Election Commission for rescheduling polls for 367 local bodies to implement the OBC (other backward class) quota.

The top court was informed that the state election commission has proposed to announce a fresh election programme for the 367 local bodies for which the election process has already been notified.

A bench comprising Justices A M Khanwilkar, A S Oka and J B Pardiwala made it clear that the state election commission cannot and shall not renotify the election program so as to provide OBC reservation.

The court also indicated that in case the commission and others responsible fail to comply with its directions, they may have to face contempt of court.

The Supreme Court clarified that the state election commission is to complete the election process with regard to 367 local bodies without OBC reservation in terms of the report of the dedicated commission. However, considering constituency based exigencies, the commission can re-align the dates of the notified elections.

The bench further observed that the commission has misread its direction passed on July 20. It said the commission is obliged to complete the election process which has already been notified with regard to the said local bodies on the date of that order.

It added that the only liberty given to the commission is to re-align the dates of the election programmes already notified, subject to certain exigencies in the respective constituencies.

The State of Maharashtra had approached the top court seeking correction of its order dated July 20. Vide the said order, the Supreme Court had permitted OBC reservation, as recommended by the Backward Classes Commission in the local bodies (where the election process was yet to be notified) within a period of two weeks.

However, the court had clarified that OBC reservation cannot be implemented in the 367 local bodies where the election process has already been notified.

The bench observed that the election process for the said local bodies had commenced and deferment should not disturb it. The court made it clear that the commission can only re-align dates but not re-notify the election programmes.

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29 Jul 2022