New Delhi26 minutes ago
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The petitioner in the Supreme Court said- Maharashtra government has complete data, but it is not conducting elections.
The caste -based reservation in the country has become like a train compartment, people who climb in this compartment do not want to let others enter.
A bench of Justices Suryakant and Justice N. Kotishwar Singh in the Supreme Court made this comment in the hearing of the case related to reservation for Backward Classes (OBC) in the local body elections in Maharashtra.
Actually, local body elections in Maharashtra were last last held in 2016-2017. Since then, there is a legal dispute about giving reservation to OBC (Other Backward Classes), due to which elections have not been held yet.
In 2021, the Supreme Court quashed the order of the Maharashtra government, which was about giving 27% reservation for OBCs. The court had said that some necessary conditions have to be fulfilled before giving reservation.
These conditions were in three stages-
- The state government will have to form a commission, which should investigate how backward the OBC class is and what are its needs.
- Based on the report of this commission, it should be decided how much reservation should be given.
- SC, ST and OBC, for all these, the total reservation should not exceed 50%.
Economic-socially backward people get the benefit of reservation
The bench said- It is the responsibility of the government to identify more and more classes which are political, economic and socially backward. Such people should also get the benefit of reservation. The court will hear the case later.
Government has removed data, not using- petitioner
It was argued in the court that the government has not been able to collect data to fulfill the conditions of the court. Due to this, the legal process is delayed. For this reason, local elections have not been held in the state so far.
The petitioner said that the OBC has been identified at the time of delimitation, yet the Maharashtra government is not using that data for the local body elections. The government should hold elections at the earliest.
The petitioner said- the government is running the local bodies unilaterally through some officials by not conducting elections, which is not right. In the OBC category it is important to see who are politically and socially backward, so that the right people can get reservation.
Justice BR Gawai gave the example of train compartment
Justice BR, the example of the train compartment before Justice Suryakant Gawai also gave. Justice Gawai had said in one of his decisions that it is right to make sub-classes within SC/ST classes, and the state governments can do so.
He said that some people oppose this all-classification as if no person sitting in the normal compartment of the train wants to let the outside. At first he fights to enter the compartment himself, but once he sits inside, he wants no one else to come in.
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