The Supreme Court (SC) on Wednesday, 18 May, allowed the implementation of reservation for Other Backward Classes (OBCs) in the local body polls in Madhya Pradesh.
The State Election Commission (SEC) was directed by a bench headed by Justice AM Khanwilkar to notify the local body elections in one week.
Local body elections in Madhya Pradesh had been pending for over two years. Over 23,000 local body seats are currently vacant.
"The reality in Madhya Pradesh is that more than 23,263 local bodies have been functioning without elected representatives for over two years and more. This is bordering on the breakdown of the rule of law and, more so, a palpable infraction of the constitutional mandate qua the existence and functioning of such local self-government, which cannot be countenanced," the court said in its verdict.
The Backward Classes Welfare Commission presented its report and said that the "triple test" of verification of population figures, population percentage, representation in posts and a 50 percent limit on reservations had been followed.
"SC prima facie found that the OBC Welfare Commission has followed the triple test & hence liberty granted to the state government to make publication of the notification based on the recommendations made by OBC Welfare Commission," Prashant Singh, the Madhya Pradesh Advocate General, was quoted as saying by ANI.
In earlier judgments, the Supreme Court had said that any reservation exercise for OBCs or Economically Backward Classes groups could not be implemented without the "triple test".
The 10 May order of the Supreme Court had not cleared OBC reservations in local elections. Later, the Madhya Pradesh government filed an amendment application, requesting changes to the earlier order.
'Historic Day, Thank the Supreme Court': MP CM Shivraj Singh Chouhan
Claiming it to be a "historic day", Madhya Pradesh Chief Minister Shivraj Singh Chouhan said:
"It has been proven again that truth can't lose. I thank the Supreme Court. We had said we wanted polls but with an OBC reservation. Congress had sinned and had gone to SC due to which it was earlier directed that polls would be held without OBC reservation."
Chauhan further said that Congress and Kamal Nath always indulged in conspiracies and never intended to give justice to OBCs.
"They considered OBC just a vote bank and claimed, even without any facts or preparation, that they would do this and that even when they know that it is not going to happen," he said.
"I ask him today why did their Advocate General not stand before the court when issue of 27% reservation came up? Why was an immediate stay given? Kamal Nath, OBC is very intelligent. They know that you had sinned. Public knows the truth," he added.
Meanwhile, Congress leader Kamal Nath called it "injustice", saying that the Bharatiya Janata Party (BJP) did not present the case properly in the court.
"Madhya Pradesh had a backward population of 50%. As per the Supreme Court, it can only be done for 14%. This is injustice. BJP didn't present the case properly in the court. We'll look into it from a legal point of view," he said, as per ANI.
(With inputs from ANI.)
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