SC stays election process on OBC seats in MP local body polls

New Delhi: The Supreme Court on Friday stayed the election process on the seats reserved for Other Backward Classes (OBCs) in the local body elections in Madhya Pradesh.

A bench of Justices A.M. Khanwilkar and C.T. Ravikumar said: "We direct the Madhya Pradesh State Election Commission to stay the election process in respect of OBCs seats only, in all the local bodies and to re-notify those seats for general category."

"Further, elections for General Category seats shall proceed along with other elections already notified and are underway but results of all the seats (including re-notified General seats) will be declared together on the same day."

The top court passed the order while hearing a miscellaneous application seeking a stay of the election notification dated December 4, issued by the Madhya Pradesh State Election Commission in respect of OBC seats in local bodies.

On December 15, the Supreme Court ordered the Maharashtra State Election Commission and the state government to convert 27 per cent reserved seats for OBC into general category, for Zila Parishad and panchayat samitis, and issue a fresh notification.

Citing its verdicts, the top court said the election programme needs to be stayed forthwith as it is in conflict with the decision of the constitution bench of this court in K. Krishna Murthy (Dr) & others vs Union of India and the three-Judge Bench in Vikas Kishanrao Gawali vs State of Maharashtra and others, which was earlier this year.

The bench said: "In other words, the dispensation directed in respect of Maharashtra cases would apply 'proprio vigore' to the State of Madhya Pradesh as well, in respect of all the local bodies making no distinction between urban and rural local bodies."

The top court scheduled the matter for further hearing on January 17.

It asked Solicitor General Tushar Mehta to impress upon the authority concerned to issue a communication to the respective State Election Commissions to strictly adhere to the judgments of the top court in the matter.

"First comply with the triple test being a pre-condition, before notifying reservation of seats for other Backward Classes in the local bodies under their jurisdiction," it said.

Mehta agreed to the court's direction.