SC gives green signal for OBC reservation in MP local bodies

THE COURT NOTED THAT THESE AMENDMENTS WERE SIMILAR TO THE ONES CARRIED OUT IN MAHARASHTRA

NEW DELHI: The Supreme Court on Wednesday permitted Madhya Pradesh to provide reservation to the Other Backward Classes (OBC) community in local bodies after it had stayed the same in December last year for want of complying with a triple-test formula.

The triple-test formula, laid down by the SC in a 2010 constitution bench decision and later reiterated in March last year, required the states to appoint a commission, collect quantifiable data of the community, and allocate reservation to them in local bodies in such a manner that the total reservation in each seat does not exceed 50%.

The order passed by a bench of justices AM Khanwilkar, AS Oka and CT Ravikumar directed the state to notify the OBC seats, going by the report of the threemember OBC commission formed by Madhya Pradesh in September last year. This commission had quantified the population of OBCs in the state at 48% and permitted reservation of varying quantum across each municipal seat, extending to a maximum of 35%. Once this exercise was completed, the court had directed the MP state poll body to notify the election programme for nearly 23,263 local bodies which are vacant.

The court clarified that it had not decided on the merits of the commission’s report and had only allowed the state to rely on the commission’s findings for permitting the reservation.

Earlier, on May 10, the top court had held that unless triple test is fulfilled, OBC reservation cannot be provided in local bodies. The court had directed the MP state election commission to notify elections to 23,263 local bodies within two weeks and re-notify OBC seats as general category seats.

The court said, “Until the triple test formality is completed ‘in all respects’ by the state government, no reservation for OBCs can be provisioned; and if that exercise cannot be completed before the issue of elecleader, tion programme by the state election commission, the seats [except those reserved for the Scheduled Castes and Scheduled Tribes] must be notified as for the general category.”

The order was passed on a petition filed by one Suresh Mahajan.

The court noted these amendments were similar to the ones carried out in Maharashtra and directed the two matters to be listed together for hearing on July 12. By that date, the court directed the MP poll body to file a status report and directed the state to extend all logistical support for completion of elections.

Senior advocate Maninder Singh, appearing for the commission, took the court through its findings and informed that based on public hearings, the panel arrived at the population of OBC in each local body.

The state, represented by solicitor general Tushar Mehta along with additional advocate general (AAG) Saurabh Mishra, pointed out that the state will consider the recommendations forwarded by the commission and notify the OBC seats. According to the state, the exercise of OBC reservation is conducted on rotation basis.