[Maharashtra Local Body Elections] Supreme Court orders status quo for five weeks
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The Top Court had recently ordered that the SEC “cannot and shall not” renotify elections for the local civic bodies in the state, so as to provide reservation in local bodies.
The Supreme Court today ordered the Maharashtra State Election Commission (SEC) and the Maharashtra Government to maintain the status quo with regard to the election of the local bodies in the state.
The Maharashtra government approached the top court requesting it to recall its order directing the SEC not to re-notify the poll process to 367 local bodies, where it has already commenced, in order to provide reservations to OBCs.
It is to be noted that the state government had come out with an ordinance providing 27 percent reservation to the Other Backward Classes (OBC) in local body polls.
Last month, a miffed Supreme Court bench observed that the SEC “cannot and shall not” renotify elections for the local civic bodies in the state, so as to provide reservation in local bodies.
"In case of any breach of this direction and all concerned, the SEC will be personally responsible for action of having contempt", a Justice AM Khanwilkar led bench had ordered then.
A CJI NV Ramana led bench today observed that the matter needs an elaborate hearing and he would be setting up a separate special bench for its final disposal.
"List the matter after five weeks. A special bench will be constituted," a bench also comprising Justices Abhay Oka and JB Pardiwala ordered.
On July 20, the Supreme Court had directed the State Election Commission to notify all local body elections in Maharashtra within two weeks.
Such direction was passed in a batch of petitions challenging the constitutional validity of the amendment(s) to the Mumbai Municipal Corporation Act, the Maharashtra Municipal Corporations Act, and Maharashtra Municipal Councils, Nagar Panchayats, Industrial Townships Act.
A three-judge bench had passed the orders after Senior Advocate Shekhar Naphade had informed it that the population-wise report on the percentage of other backward class people had been submitted and as per the instructions, the state had accepted the same.
Additionally, the counsel appearing for the State Election Commission had submitted that the elections were not being delayed and will not be delayed.