The Supreme Court said, the delay in conducting delimitation or other mandatory exercise to provide 50 per cent OBC reservation in seats cannot prevent elections to local bodies. According to the constitutional mandate, elections in each state must be held before the expiry of the five-year period.
A bench of Justice AM Khanwilkar, Justice Abhay Is Oka and Justice CT Ravikumar said, all concerned authorities are bound to ensure that the newly elected body is established in every local body before the expiry of the five-year term of the outgoing elected body. .
Even in case of dissolution before the expiry of the period of five years where an administrator is required, to be appointed by the State and that rule cannot be continued for more than six months. This constitutional mandate is not violative.
Instructions to Madhya Pradesh to hold civic elections
Issuing a direction to Madhya Pradesh to hold elections to 23,263 local bodies, the bench said, its order to uphold the constitutional mandate will be applicable to the commissions of all the states and union territories. The state will have to hold elections without any delay.
OBC must satisfy triple test conditions before giving reservation
“The ongoing activity of delimitation or formation of wards cannot be a ground for any authority not to notify the election schedule at an appropriate time,” the bench said. The bench K. Referring to the decision of the Constitution Bench in Krishna Murthy (2010) case, it said, before providing reservation for OBCs, triple test conditions have to be fulfilled.
No reservation can be made for Other Backward Classes until the formality of the Triple Test is completed and if that exercise is not completed before the release of the election schedule by the State Election Commission, there will be no reservation for the Scheduled Castes and the Scheduled Tribes. Except for the reserved seats, the rest of the seats should be notified for the general category.