Supreme Court bans OBC reservation in civic elections in Maharashtra, the state government had issued an ordinance

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Mumbai / New Delhi
The decision of the Maharashtra government to give 27 percent reservation to OBCs in the local body elections of Maharashtra has been stayed till further orders. The Supreme Court said that OBC reservation cannot be implemented without constituting a commission for OBC quota and collecting data of inadequate representation. By filing an application in the Supreme Court, the Maharashtra government’s ordinance has been challenged under which the state government has issued ordinances for 27 percent OBC reservation in local body elections. The notification of the State Election Commission has also been challenged to give effect to this ordinance. A bench headed by Justice AM Khanwilkar of the Supreme Court said that the 27 per cent OBC reservation cannot be implemented on the basis of data collected on the constitution of commission and inadequate representation by the state government. It is necessary to constitute a commission to collect the data, without which the quota cannot be implemented. The Supreme Court has stayed the OBC reservation till further orders.

Decision cannot be implemented without insufficient data and commission
The Supreme Court said that reservation cannot be implemented unless there is sufficient representation data and commission is constituted. The Supreme Court has also said in its order that the State Election Commission cannot be allowed to proceed with the seven election schedule of the notification related to OBC reservation. The Supreme Court said that the election process for general category and other reserved seats can go ahead. The Supreme Court has also issued a direction that the State Election Commission will not issue notification regarding OBC reservation in any mid-term poll or other general election till further orders. Senior advocate Vikas Singh filed an application on behalf of the petitioner challenging the notification.

[Attribution to NBT]

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