SC tells SEC to notify MP local body polls without OBC quota

NEW DELHI: The Supreme Court on Tuesday directed the state election commission (SEC) to notify local body polls in Madhya Pradesh within two weeks without the other backward classes (OBC) quota while mandating all states to follow the triple test laid down for such reservation.

The test involves the appointment of panels, gathering empirical data for quantifying the extent and backwardness local body-wise, and ensuring the quota does not exceed the 50% ceiling.

“No reservation for the OBCS can be provisioned until the triple test exercise mentioned in a 2010 Constitution bench verdict is completed in all respects,” a bench of justices AM Khanwilkar, AS Oka, and CT Ravikumar said. The election process cannot be delayed as it would result in a hiatus upon the expiry of the five-year term, the bench said, adding it is the constitutional obligation of the authorities to hold elections on time.

“The state election commission need not wait any further, but shall notify the election programme without any further delay in respect of local self-government whose election(s) had become due; and in the present case, as aforesaid, overdue in respect of 23,263 local bodies across the state of Madhya Pradesh, as of now,” the bench said as it posted the matter for hearing in July.

“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 election 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.”

Chief minister Shivraj Singh Chouhan said the state will study the Supreme Court’s order and file a review petition. “The elections will be held with OBC reservation,” he added. Congress leader Arun Yadav said they were apprehensive about “the gross negligence of the government towards the OBCS”.

No reservation for the OBCS can be provisioned until the test exercise... is completed. SC BENCH