Notify local polls in MP without OBC quota, SC tells State Election Commission

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’ the state government, no reservation for OBCs can be provisioned; and if that exercise cannot be completed before the issue of election programme the state election commission, the seats [except those reserved for the Scheduled Castes and Scheduled Tribes] must be notified as for the general category.”Tuesday’s order came in response to a petition filed Suresh Mahajan challenging the amendments to the Madhya Pradesh Municipal Act, 1956, Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993, and Madhya Pradesh Municipalities Act, 1961. these amendments, the state government authorised itself to determine the number and extent of wards in the concerned local bodies.The court noted these amendments were similar to the ones carried out in Maharashtra, and directed the two matters to be led together for hearing on July 12. that date, the court directed SEC to file a status report and directed Madhya Pradesh government to extend all logical support for completion of elections. The court said its directions will supersede any orders the high court or civil courts pass.On May 4, the court directed the Maharashtra SEC to notify local body elections within two weeks. It said the delimitation prior to March 11, 2022, in respect of local bodies concerned be taken as notional delimitation for the conduct of overdue elections.In Tuesday’s order, the court directed the SEC to go the delimitation of wards as exing on the day the vacancies were created or before the amendments were brought in 2022.The court referred to the 2010 Constitution bench verdict about the triple test conditions, which it reiterated in a separate case in March last year.In December last year, the court directed the Madhya Pradesh SEC to re-notify OBC seats in local bodies as general seats and conduct the elections. This prompted the state to legislate to take over the function of delimitation from the poll watchdog. Later, the state government cancelled the elections and appointed adminrators. The court on Tuesday took exception over it and said such conduct is “bordering on the breakdown of the rule of law”.The bench also made it clear that neither delimitation nor the triple test compliance can delay the filling up of the vacant seats. It said the seats must be represented elected representatives after every five years as per the constitutional requirement and added that even an adminrator cannot continue beyond six months of a seat becoming vacant.The court said the triple test formula for the OBC quota will apply to elections to all local bodies across the country and is binding on all states and election commissions.Madhya Pradesh chief miner 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.Opposition Congress leader Arun Yadav said they were apprehensive about “the gross negligence of the government towards the OBCs”. He added that Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat has spoken about “ending reservation” and blamed the state government for depriving OBCs of their rights.State miner Bhupendra Singh said they presented their side strongly before the court. “We have also submitted a report requesting a 35% reservation…”Congress leader Vivek Tankha said they sought delimitation, but the government failed to present the case properly. “The court gave them four months to submit data but they failed to do so which resulted in this judgment.”Madhya Pradesh in September last year constituted a three-member commission to examine the extent of backwardness of OBCs in the state and to quantify the reservation applicable to them.The commission submitted its first report to the government earlier this month. But the court said the collation of empirical data and after analysis thereof, the commission is expected to make recommendation regarding the number of seats to be reserved for OBCs local body wise. “The state government can act upon only thereafter and as per the recommendations of the commission to ensure that there is no over-breadth of such reservation in the concerned local body,” the bench noted.The commission quantified the OBC population to be 48% and recommended a quota of 35% at the panchayat level.