New Delhi: The Supreme Court on Wednesday refused to remember the old order with 27% of the OBC quota in Panchayat polls in Maharashtra and Madhya Pradesh and said the State Election Commission would set OBC seats throughout India unless the quota was determined in the strict compliance with Triple Compliance -Test SC.
Judge Am Khanwilkar, DM Maheshwari and CT Ravikumar strongly informed the center, Madhya Pradesh and Maharashtra, each of which has submitted a separate application for the withdrawal of sequential sc orders on December 15 and December 17, 27% OBC quota in Maharashtra and MP, ” There are no questions to remember our order because this is passed after hearing all parties.
” Giving omnibus status to two orders by making the ones that apply to all countries and UTS the principle of three tests set by SC in March 2021 to determine the quantum of bookings for social and economic downgrades (SEBCS), if the state government, if the government in the chair The future reserves for OBC in the local body “without complying with three test requirements, the State Election Commission must ensure that the OBC seat reserved entered the election as an open category seat.” SC on March 4, 2021 Assessment in Vilas Krishnaro Gawli has provided a triple test benchmark for the country in measuring the OBC quota in local agency elections.
These three tests are: “1) to establish a special commission to conduct a strict empirical investigation in a moment and the implications of local body backwards, within the country; 2) to determine the proportion of reservations as a local body Wise remembers the recommendation of the Commission, so as not to fall From excess boundaries; 3) in whatever reservation will not exceed 50% of the total seats provided in supporting SCS / STS / OBC which is united.
“What is important, SC clarifies that countries cannot rely on the Reflected OBC population numbers In the census, which is carried out by the Trade Union Government, for the purpose of determining the quantum of the OBC quota in the local body selection.
Khanwilkar-LED Khanwilkar bench, “in terms of constitutional amendments for insertion of Article 342A (3) in the Constitution, the State / UT is obliged to prepare a list of SEBCS that can be followed up to provide reservations for OBC, including in the election with the regional government.
However, the list will be independent From the Census Work conducted by the United States under the Census Law.
The list that will be prepared by the state / UT about Sebs, in the case of Article 342A (3) the constitution that came into force since August 19, 2021, will be independent of the census to be carried out by The United States government.
“It is said,” Information and data available with countries can be equipped with special commissions, which can check its efficacy, and make the right decisions such as those that can be guaranteed to include the submission of a temporary report to the state government that makes recommendations possible, which can be displayed by the state concerned s eable with law.
“Article 342A (3) As long as” every state or union is possible, by law, preparing and maintaining, for its own purpose, a socially backward class list and education, a possible entry from the Center.
“List is so available with the country, SC, will not automatically become a determinant factor to measure the OBC quota in Pancayat poll Chairs for OBC on local bodies.
The Commission can submit a temporary report if it is suggested to the relevant authorities within two weeks after receipt of information and data from the state government.
We may not understand to express any opinion about the truth of information and data that will be provided by countries.
Is for commissions to check the data.
This observation must also regulate dispensation in other countries that intend to continue the election of local government while providing reservations to the OBC category.
“Bench said if there was a Panchayat poll in the future and the Commission has not provided recommendations, or the state has not rely on the recommendations of the commission, then there is no reservation for other backup classes in the local body selection.” If there is an election, it must be appropriate for the SC assessment.
Triple test, “he said.
However, he clarified that countries can act on interim recommendations from the Special Commission to determine the quantum quota of OBC in Pancayat polls.