Maharashtra to take ordinance route for OBC quota in local body bypolls

Move follows State Election Commission’s announcement on by-elections to six zilla parishads and panchayat samitis

The state government will bring an ordinance to grant OBC quota in upcoming bypolls to a set of local governing bodies without crossing the Supreme Court-mandated 50 per cent cap on reservation, said state minister Chhagan Bhujbal on Wednesday.

The decision was taken at a cabinet meeting chaired by Chief Minister Uddhav Thackeray.

Bhujbal told the media, “The cabinet decided to issue an ordinance which will offer electoral reservation to OBCs in the upcoming by-elections. The reservation will be based on [OBC] population in the constituency where bypolls are scheduled.”

Maharashtra has taken its cue from Andhra Pradesh and Telangana to provide political quota through the ordinance route, said the minister for food, civil supplies and consumer protection.

The Supreme Court in March had read down the OBC quota in some local governing bodies in the state citing non-availability of empirical data to substantiate the reservation percentage. The apex court had observed that total reservation should not exceed 50 per cent. OBCs used to get 27 per cent reservation in electoral wards of municipal bodies and zilla parishads (district councils).

Also Read: Maharashtra govt must approach SC for OBC data from Centre: Nana Patole

Asked how the state will tackle the 50 per cent limit on cumulative reservation, Bhujbal said, “We will not cross the 50 per cent cap. Hence, we are giving up a portion of reservation in some areas to keep our electoral quota under 50 per cent cap.”

“Instead of losing the entire quota, the cabinet decided to give up a portion of it and maintain the remaining quota. Meanwhile, the state will request the Union government to share empirical data with it [on OBC population],” he said.

The state’s move comes after the State Election Commission (SEC) announced on Monday that by-elections to six zilla parishads and panchayat samitis for seats, fallen vacant after the Supreme Court's OBC quota ruling, will be held on October 5.

By-elections will be held for 85 wards in ZPs and 144 seats in panchayat samitis, the SEC had said. The bypoll-bound ZPs are of Dhule, Nandurbar, Akola, Washim, Nagpur and Palghar.

In the first week of this month, an all-party meeting convened by CM Thackeray unanimously decided that local body polls should be postponed till the state backward class commission compiles empirical data giving a clear picture on political backwardness of OBCs. 

October 5
When the bypolls are scheduled

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