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The Supreme Court on Thursday slammed the Backward Classes Commission constituted on the recommendation of the Maharashtra Government for its interim report on reservation in elections, and asked the State Election Commission and other authorities to refrain from acting on the recommendations made in the interim report.

A bench of Justice AM Khanwilkar, Justice Dinesh Maheshwari and Justice CT Ravikumar observed that the report itself says that there is no empirical study, yet relies on the same data.

The bench was hearing a plea challenging the interim report submitted by the Backward Classes Commission appointed by the Maharashtra Government stating that 27% reservation to the Other Backward Classes (OBCs) in elections is justified.

Sr. Adv. Shekhar Naphde appearing for the respondents submitted that it is merely an interim report and it only says that it is possible to justify the 27% reservation granted to OBCs in local body elections.

Justice Khanwilkar observed in this regard that, "The Commission first denies the data and then relies on it without giving any logic that why it is relying on it."

In addition to this, the bench said that the authorities cannot be allowed to move further with this report.

Sr. Adv. Vikas Singh appearing for the petitioner submitted that the political participation data is available with the Election Commission, but it is not being given.

The bench while rejecting the interim report submitted by the Commission noted, "It is not possible to permit any authority much less the State Election Commission, to move further with the recommendations made in the said report. We direct all the concerned not to act upon the recommendations."

In addition to this, the bench further directed the Backward Classes Commission to continue with its exercise to study the empirical data local body-wise and submit its interim report as and when it becomes ready, and said that the same must stand the test of judicial scrutiny.

The bench reiterated its earlier order of December 15, 2022 that was reiterated on January 19, to re-notify 27% of the seats reserved for the Other Backward Classes (OBC) candidates in Maharashtra local body elections as general seats prior to the commencement of the election process.

Earlier, the Court had directed that the results for both general and OBC category seats are to be declared on the same day.

When the hearing for the case commenced, the State of Maharashtra had sought for modification of the order of the Court dated December 6 granting stay of the Ordinance granting the quota and further proposed that the Court stay the entire election and grant time of 3 months to the State Election Commission to complete the process of collecting data for the OBC reservation.

Cause Title: Vikas Krishnarao Gawli vs State of Maharashtra & Ors