A Bench headed by Justice AM Khanwilkar posted the hearing for Wednesday after the counsel appearing for Maharashtra said that the government has filed a petition urging the apex court to recall its December 15 order
Supreme Court of India. File Pic
The Supreme Court on Monday said that it will hear the Maharashtra Government's plea on Wednesday (January 19), seeking to recall its order to notify 27 per cent of OBC seats as general seats for local body elections.
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A Bench headed by Justice AM Khanwilkar posted the hearing for Wednesday after the counsel appearing for Maharashtra said that the government has filed a petition urging the apex court to recall its December 15 order. "We have filed an application seeking a recall of the order dated December 15. Can it be taken up on Friday or Wednesday? The application has been filed today," Maharashtra's counsel told the Bench.
Earlier, the apex court had ordered Maharashtra State Election Commission (SEC) to issue a fresh notification to treat 27 per cent of seats reserved for Other Backward Classes (OBC) as a general category for local body polls and commence the election process. It had also asked the State Election Commission to renotify the 27 per cent OBC constituencies as general seats and resume the election process along with the remaining 73 per cent.
On December 6, the Bench had stayed the 27 per cent reservation for the OBC in the local body elections of Maharashtra until further orders. It had been observed that 27 per cent of the OBC quota cannot be implemented without setting up a commission and without collecting data regarding the inadequacy of representation local government wise.
The apex court order came on petitions challenging the Maharashtra Ordinance which introduced a 27 per cent OBC quota in the State's local body elections and the consequent notifications issued by the State Election Commission to give effect to the same.
In September, the Maharashtra government had brought an ordinance to ensure reservation to OBC candidates of rural local body elections six months after the Supreme Court struck down the 27 per cent reservation available stating that it breached the cap mandated by the top court.
The government promulgated the Ordinance to amend the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 and Maharashtra Village Panchayat Act for Zilla Parishads, Panchayat Samiti and Gram Panchayats. On March 4, the apex court ruled that the reservation for OBC in local bodies should not result in exceeding the 50 per cent cap in reservation quota mandated by it.
The pleas contended that the Ordinances provide for 27 per cent reservation to the category of Backward Classes of Citizens was contrary to the judgements of the top court.
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