MUMBAI: The Maharashtra government on Monday approached the Supreme Court seeking a recall of its December 15 order that directed re-notifying of 27 per cent reservation for the Other Backward Classes (OBC) in the state’s local body elections.
Senior counsel for the state, Shekhar Naphade, mentioned the matter and state’s standing counsel, Rahul Chitnis, required some time to make the application available and the SC bench headed by Justice A M Khanwilkar said it would hear all petitions along with the Maharashtra application on Wednesday.
Last month the Central government and Madhya Pradesh had already filed such applications seeking recall of the December 17 order of the Justice Khanwilkar bench. The Centre and MP government said that OBC reservation in Panchayat and civic body elections are constitutionally mandated.
The Maharashtra government’s application is on slightly different grounds as it also is submitting in its plea certain data on OBC.
Maharashtra application says the issue raised is “of great public importance and has a pan-India ramification on the issue of implementation of OBC reservations in elections.” It says “upliftment of SC, ST and OBC has been the utmost priority of the State and any inadequate representation of OBCs in local self government defeats the very object, intent and purpose of the very idea of de-centralisation of power and taking governance to the grassroots level.’’
The SC had stayed the election to OBC quota as it said its earlier orders requiring a mandatory ‘triple test’’ to determine backwardness.
The Maharashtra application submits that 27 percent reservation is provided to OBC pursuant to Mandal Commission Report. The commission was established in 1979.
The Centre also wants the SC to consider striking a balance between triple test compliance and constitutional mandate.
