Maharashtra move to breach 50% reservation quota cap came after Solicitor General’s letter
The SC is hearing over 15 petitions on reservation cap in Maharashtra with some claiming the breach is significant in some districts
Mumbai: Ahead of a crucial judgement in the Supreme Court dealing with reservations in local bodies, one that could decide whether elections for such bodies scheduled to begin December 2 can go ahead, it emerges that the state’s decision to breach the 50% ceiling on reservation, was based on an opinion from the Solicitor General of India, Tushar Mehta.
In the letter, a copy of which has been seen by HT, addressed to Maharashtra State Election Commissioner Dinesh Waghmare and dated June 2, Mehta opined that local body elections in the state can be held where the 27% quota for the Other Backward Classes is maintained even in those constituencies where the 50% reservation ceiling is breached when the OBC reservation is combined with reservations for Scheduled Caste and Scheduled Tribes.
The Supreme Court is hearing over 15 petitions on reservation cap in Maharashtra, with some claiming the breach is significant in some districts, and is likely to give an order on Tuesday. The Solicitor General is appearing for the state.
Maharashtra is going for crucial local body polls after a gap of seven years. Twenty-nine municipal corporations including the Brihannamumbai Municipal Corporation (BMC), 32 district councils or zilla parishads, 246 municipal councils and 42 nagar panchayats that govern smaller cities will go to the polls in three phases beginning December 2. The first phase of the local body polls will see 246 municipal councils and 42 nagar panchayats holding elections while the schedule for the rest of the civic polls is yet to be announced.
Urban and rural local bodies drew their reservations on the basis of a letter sent by the Urban and Rural Development Departments to the Directorate of Municipal Administration and district administrations, referring to the SG’s June 2 letter to the state election commission.
Wheen contacted by HT, the SEC Dinesh Waghmare, said they had sought the solicitor general’s opinion after the May 6 order by the SC. “We sought the advice to keep uniformity in the decision related to reservation in all the bodies. The reservation for some of the bodies like municipal councils and nagar panchayats is decided by the government while SEC has powers for some bodies like district councils and municipal corporations. The solicitor general had opined for a flat 27% quota to OBC in all bodies without any ceiling of 50% of total reservation,” he said.
At present, 44 municipal councils, two municipal corporations, 32 district councils and 11 panchayats have breached the cap of 50% reservation. The confusion arises from the fact that on May 6, while pushing the state to conduct local body polls, the SC said that reservation shall be provided to the OBCs as per the law as it existed in Maharashtra prior to the 2022 report of the Banthia Commission.
But that seems to have been misinterpreted to suggest that it was alright to breach the 50% ceiling. The problem arises from the fact that prior to the Banthia Commission report of 2022, 27% was the stipulated OBC quota across the state except in so-called Tribal Notified Areas where it was lower (to ensure the 50% ceiling was not breached). The uniform reservation of 27% for OBCs even in Triban Notified Areas (where there is 12% reservation for scheduled castes or SCs and 14-24% reservation for scheduled tribes or STs, depending on the district) has meant breaching the 50% ceiling.
In a hearing last week, the Supreme Court took strong objections to the breach of the 50% cap on reservation. The SC said that its May 6 order was misinterpreted and that breaching the cap of 50% reservation was not acceptable, and further warned that, if this was not corrected, it would stay the elections.
After the Solicitor General’s letter to the Maharashtra State Election Commissioner on June 2, in which he also pointed out that the Banthia Commission’s report has been challenged in the court for its accuracy for reducing the OBC seats arbitrarily, the state Urban Development Department on June 16, wrote to the municipal council administration directorate saying: “The reservation to the Other Backward Classes should be ascertained as per the Solicitor General’s letter to the SEC. The seats for the OBC needs to be ascertained as per the provisions in rule 9 (2) and section 341 of Maharashtra Municipal Councils, Nagar Panchayat and Industrial Township Act 1965.” HT has reviewed a copy of the letter.
Similar letters were sent to divisional commissioners, municipal commissioners for the reservation in district council, panchayat samitis and municipal corporations.
Following the solicitor general’s letter, the rural development department issued notification on June 13 for the direct appointment of the sarpanchs of the gram panchayats. The reservation to the sarpanch elections was breached 50% cap in 15 districts in the state.
Mumbai is facing a pivotal Supreme Court decision regarding local body election reservations, scheduled to begin December 2, following a controversial breach of the 50% ceiling based on Solicitor General Tushar Mehta's opinion. The situation has drawn over 15 petitions, with claims of significant breaches in several districts, complicating the electoral process after a seven-year hiatus.