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A Supreme Court bench of Justices Khanwilkar, Dinesh Maheshwari and Ravikumar today reiterated that seats in local government cannot be reserved for OBC category unless triple test mandated by the Constitution Bench judgment in K.Krishna Murthy Vs Union of India is followed.

The court also directed Maharashtra Government to produce the data and other information it has on OBC’s to the State appointed dedicated commission, which will examine the correctness and if appropriate make recommendation to the State on the basis of which State may take further steps.

On 6th December 2021, the Supreme Court directed the State Election Commission  to not proceed with the election program as already notified by providing 27% reservation for OBC category as triple test compliance  as per the decision of the Supreme Court in Vikas Krishna Gawli was not done. The EC was directed to treat the new election program with respect to OBC as nullity or not valid. In the subsequent order passed on 15th December 2021, the court directed EC to issue fresh notification for 27% OBC ie. Conduct the election for the 27% reserved seats as open seats

The EC today, submitted compliance report indicating that the order dated 15th December 2021, the election program in respect of seats which were earlier notified as OBC were conducted as open seats as per the direction of the court. The EC further submitted that the  results of the elections are likely to be notified by tomorrow.

Maharashtra filed an application urging the court to permit the election on the basis of information and data already available with State concerning the OBC. The court held that instead of examining the correctness of the data furnished by the State, it would be appropriate if the State furnishes it to the State appointed dedicated commission. The commission was directed to examine the correctness and if appropriate will make recommendation to the State on the basis of which State may take further steps.

P.Wilson, Senior Advocate, appearing for an intervenor pointed out that in terms of the amendment to Article 342(A) the State or Union Territory is obliged to prepare a list of socially and educationally backward classes which can be acted upon for providing reservation for other classes including during the elections of local government. The court noted that the list to be prepared by State and UT concerning socially and educationally backward classes in terms of 343A (3) would be independent of the census to be done by the Union under Census Act.

The court further held that the information and data available with the State can be furnished to the dedicated commission who can examine the efficacy thereof including consider submitting interim report to the State making recommendations as may be necessary. The court noted that this obviously would not complete the triple test, which nevertheless would have to be completed before providing for reservation of seats in local government for OBC.

The commission may submit interim report if so advised to the concerned authorities in 2 weeks from receipt of info from State.

The court further noted that it may not be understood have expressed any final opinion with respect to data in interim application. It is for the commission to do so. The State further held that this observation must also govern the dispensation in other states going for local government.

The matter will now come up for further hearing on 8th February.

Case Title: Rahul Ramesh Wagh Vs State of Maharashtra