The Supreme Court on Wednesday directed the Maharashtra State Election Commission (SEC) and all the state authorities to ensure that process for local bodies' election is "immediately commenced" in accordance with the recommendation made by the dedicated commission for reservation to Other Backward Classes (OBC).
Earlier, the apex court had set aside the quota for OBC in local bodies' elections in Maharashtra for lack of empirical data about their population.
The apex court, which was informed by the SEC that as of today the election programme in respect of 367 local bodies has already commenced, said that the poll process be taken forward on the basis of the top court's May 4 order which had said that poll programme be notified within two weeks.
"As regards the remaining local bodies, referred to in the chart filed with the status report, we direct the Election Commission and all the state authorities to ensure that the election process in respect of each of these local bodies is immediately commenced in accord with the recommendation made by the dedicated commission; and is taken forward on the basis of the directions given by this court vide order dated May 4, 2022..," a bench headed by Justice A M Khanwilkar said.
The apex court was dealing with the application filed by Maharashtra which said that since the dedicated commission for reservation for backward class of citizens in local bodies of the state has submitted its report on July 7 after complying with the necessary enquiries for arriving at the proportion for providing reservation for OBCs local body-wise, the SEC be permitted to proceed with the poll process of the remaining local bodies on that basis.
"Counsel appearing for the Election Commission has pointed out that as of today, election programme in respect of 367 local bodies has already commenced and the same will be continued and taken to its logical end, in due course," the bench, also comprising Justices A S Oka and J B Pardiwala, said in its order.
Referring to the May 4 order, the top court said, "We restate that position and express sanguine hope that the concerned authorities and, in particular, the Election Commission would complete the election process in respect of the remaining local bodies in accordance with law in right earnest keeping in mind the spirit of the mandate of the Constitution of India in that regard.”
It noted that the counsel appearing for the opposite parties have no objection on issuance of these directions but they have sought liberty to challenge the correctness of the report before the appropriate forum on the grounds as may be permissible in law.
The bench said it has no difficulty in giving liberty to the parties to do so.
It also noted the May 4 order in which the apex court had said, "Accordingly, the election programme of such local bodies must proceed and the State Election Commission is obliged to notify the election programme within two weeks from today in respect of such local bodies including to continue with the process from the stage as on March 10, 2022, on the basis of the delimitation done prior to coming into force of the Amendment Act(s) with effect from March 11, 2022."
The bench also dealt with another application filed by an intervener.
It noted that the counsel appearing for the intervener has submitted that the SEC and the state authorities are not taking necessary measures to ensure that the areas affected by delimitation done prior to coming into force of the Amendment Act would get representation in the concerned local bodies.
"This apprehension is premature. No specific case is brought before us to demonstrate that any particular area or local body would be denied representation in the concerned local body," the bench said.
The bench observed that relief claimed by the intervener, to say the least, is to direct stalling of the election programme until the entire delimitation process as per the Amendment Act is completed.
"We decline to accept this submission. We say so because the order(s) passed on the earlier occasion by this court, have dealt with all aspects and yet issued direction to the Election Commission and state authorities as referred to earlier," it said, while dismissing the intervener's application.
It said if the intervener has filed any writ petition before the high court, the same would abide by the directions given by the apex court in passing interim directions, if required, only in furtherance of orders of the top court.
"Even if the petitioners before the high court have any grievance, that can be dealt with appropriately, as and when occasion arises. But, we once again reiterate that in no case, election process in respect of local bodies where it is already overdue can brook any further delay. The Election Commission must act with promptitude and report compliance to this court," it said, while disposing of the application filed by Maharashtra.
During the hearing, the bench observed that it wanted the elections to be held and the poll cannot be deferred indefinitely.
"We want elections to be held and we are making it loud and clear to all of you. Let the election process commence. Let it be taken to the logical end," the bench orally observed.
In December last year, the top court had directed the SEC to notify 27 per cent of seats in the local body, which were reserved for the OBCs, as general seats so that the poll process can be taken forward.
The top court had in January directed the state government to submit data on OBCs to the commission to examine its correctness and make recommendations on their representation in elections for the local bodies.
