New Delhi: The Supreme Court on Wednesday directed the Maharashtra government to present the data related to Other Backward Classes (OBC) before the Other Backward Classes Commission so that their veracity can be checked. and make recommendations on their representation in the elections to the local bodies.
The top court directed the State Backward Classes Commission (SBCC) to submit its interim report to the authorities concerned within two weeks of receiving information from the state government. A three-member bench comprising Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice CT Ravikumar said, “Maharashtra has asked this court to allow elections on the basis of the data already available with the state in respect of Other Backward Classes. Instead of scrutinizing the data, it would be an appropriate step to present these figures to a commission appointed by the state which can check their veracity.”
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The bench said, “If it thinks fit, make recommendations to the State on the basis of which the State or the State Election Commission may take further steps… The commission can give its interim report. However, the top court clarified that the list prepared by the state government in respect of socially and educationally backward classes would be different from the census conducted by the Centre.
The bench said, “The State may place the available information and data before the Commission concerned which may take a decision about its effectiveness and make recommendations to the State Government as may be necessary. This clearly will not complement the exercise of three-stage scrutiny which should have been done (as per the 2010 judgment) before giving reservation of seats in local bodies for the OBC category. ,
The top court said the remarks would be applicable in various states where local elections are to be held. He said that these seats will be treated as general category until the three-stage inquiry is completed. Senior advocate Shekhar Naphde, appearing for Maharashtra, said that the state has some data on the basis of which reservation can be maintained. He said that there are elections in March and the data is already with the commission.
He said the commission may be asked to submit its report in two weeks so that the government can work on the elections to be held in March. Otherwise, a large section of the community may remain deprived of representation, he said. Regarding Madhya Pradesh, Additional Solicitor General KM Natraj, appearing for the state, said that the Election Commission has repealed the Madhya Pradesh Panchayat Raj and Gram Swaraj (Amendment) Ordinance 2021. He has assured that the new ordinance will be as per the directions of the apex court. The top court had on December 17, 2021 directed the state election commissions of Maharashtra and Madhya Pradesh to re-notify the seats reserved for OBCs in local bodies under the general category. (agency)