Will set aside poll in Maharashtra if quota over 50%: SC

NEW DELHI: Supreme Court on Tuesday said it may not interfere with the December 2 polling in 246 municipal councils and 42 nagar panchayats of Maharashtra but cautioned it would set aside elections in those constituencies where reservation exceeded 50% after the state EC said the limit is breached in several civic bodies, reports Dhananjay Mahapatra.

Petitioners through senior advocates Vikas Singh and Narender Hooda alleged 50% limit is breached in 57 civic bodies. This made the bench of CJI Surya Kant and Justice Joymalya Bagchi ask senior advocate Balbir Singh, appearing for SEC, to furnish details by Friday.




SC sought by Friday details of the 57 civic bodies where the 50% quota limit is breached and also the percentage of OBC quota in those municipal councils and nagar panchayats. The SEC said the poll schedule for 32 zila parishads and 20 municipal corporations has not yet been finalised.

SEC said if Banthia commission recommendations are to be followed, then the delimitation and prescription of reservation as per the percentage of backward and tribal population would be required to be worked out afresh for each civic body, which will take considerable time. The SC had directed the civic body polls, which have not been held for a considerable period, to be held based on reservation in vogue prior to the Banthia report.

Appearing for the Maharashtra govt, solicitor general Tushar Mehta said discussions are going on to harmonise the reservations to the extent possible and sought two days' time to get back with response to the court.

CJI Kant-led bench said, "Ultimately if we find that reservation exceeds 50%, we will set it aside as it is constitutionally impermissible. The completion of the election process will not impede SC from striking down the elections if it violated the binding norms laid by constitution benches of the court."

Both SG and senior advocates Indira Jaising and Shekhar Naphade said the reservation has exceeded in civic bodies in five districts where an overwhelming majority of the population are tribals. "Should their representation be limited because of the 50% ceiling," asked Jaising. The bench said it wanted to understand the OBC, tribal and SC population in the civic bodies going to election on Dec 2. "The reservations need to be balanced while ensuring respectable representation to all the communities," it said.

CJI Kant & Justice Bagchi said, "We will allow the SEC to hold the polls but try to iron out some creases. We will hear the main issue in Feb. If we find some grey areas, then we would not hesitate to refer it to a larger bench for adjudication of the issue of reservation in civic bodies."
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