‘No elections if OBC quota absent'

Asia's Tech News Daily

‘No elections if OBC quota absent’
© Provided by Hindustan Times Elections – Vanchit Bahujan Aghadi activists stage a protest demanding OBC categories be mentioned in the Census of India, at Bandra, in September. (HT PHOTO)

The Maharashtra Vikas Aghadi (MVA) government is likely to approach the Supreme Court (SC) today with an affidavit requesting it to allow polling on all seats in local bodies scheduled for December 21 or to postpone it completely, two days after the apex court stayed elections to seats reserved for candidates from Other Backward Class (OBC) communities.

The decision was taken during the state cabinet’s weekly meeting held on Wednesday. Food and civil supplies minister Chhagan Bhujbal, who is also a senior OBC leader has been entrusted with the responsibility of overseeing the legal battle in the top court.

“The [affidavit] will be submitted on Thursday. We are requesting the court to either allow us hold the election under quota with the condition of submitting the certificates after a few months or postpone all the polls. When other states are allowed to hold elections under a similar Ordinance, why has an exception been made only for Maharashtra? We expect the respite during next hearing on Monday. We will compile the empirical data in due course,” OBC welfare department minister Vijay Wadettiwar said.

“The affidavit will be filed on Thursday. We are quoting a court order which says the elections cannot be held in a piecemeal manner. It leads to the unrest among communities. We are also requesting the top court to ask the Centre to give us Socio-Economic Caste Census (SECC) data to ascertain quota. We expect a decision on it next week. We have consulted senior counsels like Mukul Rohatagi and Kapil Sibal. We are doing our level best to restore the quota,” Bhujbal said.

Bharatiya Janata Party (BJP) legislator Ashish Shelar on Wednesday asked the State Election Commission (SEC) to not go ahead with polls in local bodies scheduled later this month, saying conducting them will amount to doing injustice to OBCs.

“The election (in local bodies) is not going to be conducted on some seats because the OBC data is not available. Holding elections on remaining seats by excluding some would be an injustice to the OBC community. Hence we requested the commissioner to put the elections on hold till this issue is resolved,” he said.

The SEC on Tuesday stayed the polls to be conducted from OBC constituencies following the SC order. The development could snowball into a major political controversy as the upcoming local body elections are being seen as a test for the MVA government.

A number of local body elections will take place on December 21, including in 104 district council seats and 210 panchayat samiti seats in Bhandara and Gondia, 1,802 seats in 106 nagar panchayats, and four seats in different municipal corporations across the state. Bypolls in 7000 seats in 4,500 gram panchayats across the state are also slated for that day. In all, at least 413 local body seats reserved for OBC candidates will be affected on that day’s polling. The state will also see local body polls between February and December 2022, including in 23 municipal corporations, 27 district councils, 298 panchayat samitis, 320 nagar panchayats and nagar councils.

On March 4, the apex court struck down a legal provision that permitted 27% reservation in local body polls to OBC candidates on grounds that it breached the 50% ceiling on reservations when taken together with Scheduled Caste and Scheduled Tribe (SC/ST) quotas. It also directed the state to collect empirical evidence to fix the extent of OBC reservation.

On Monday, the SC struck down the Ordinance passed by the state in September to ensure that the 50% cap isn’t breached. The apex court said on December 6 that the state should have conducted the survey first before passing the Ordinance.

On Tuesday, HT reported that the state is going to amend the terms of reference (TOR) of the Maharashtra State Backward Class Commission (MSBCC) formed on June 29 with the mandate to conduct household surveys to collect data on OBC communities.

MSBCC officials said the state was yet to take a decision on the state-wide census proposed by them, and has instead proposed a change in the original TOR, seeking to limit the exercise to a sample survey.

Experts said that this could end up being a “quick-fix solution” instead of the “rigorous empirical data” of the socio-economic backwardness of the OBC communities sought by the apex court.

“In its order on Monday, the SC stayed the Ordinance for the state government’s failure to comply with the triple test asked by the court while giving ruling in K Krishnamurthy case on March 4. The state has constituted the MSBCC but failed to kick start the work of collection of the data. It has not even been able to finalise its terms of reference (ToR) or allocate adequate funding. The court is also against postponement of the elections for the want of empirical data. Moving court with the request for respite is just a political move,” an official from OBC welfare department said.

The officer said that the political reservations given to OBCs since 1994 was disproportionate in many local bodies are the quota was more than their actual population. He said that the SC has ordered the survey to avoid depriving eligible backward class citizens from reservation.

The state is expected to engage senior counsels to represent it during the next hearing on December 13.

“I do not think political reservation will be restored without empirical data. The SC has made it very clear and to my opinion the sample survey to collect such data or for that matter even caste based survey should be done. Various commissions including Mandal commission had recommended collection of such data. It helps in weeding out the caste-based inequality in the society and also throws light on the current status of the population. It is possible that a section of established politicians from reserved categories may oppose such attempt as there is fear that the progressive sections of the reserved category would lose the reservation if fresh surveys are conducted,” Balkrishna Renke, former chairman of the National Commission for Denotified, Nomadic and Semi Nomadic Tribes, said.

“The only option before the state government is to submit fair empirical data based on the ground realities and seek the restoration of the quashed reservation for the OBCs. Holding the elections is the responsibility of the state, but court will not allow it if the fundamental principal of the reservation is breached,” legal expert Aseem Sarode said.

“The law or even the Ordinance should be in conformity with the Constitution. The Ordinance does not fulfil this fundamental obligation and thus the court is unlikely to be reconsider its order,” constitutional expert Ulhas Bapat said.

Sign on to read the HT ePaper epaper.hindustantimes.com

Internet Explorer Channel Network
Asia's Tech News Daily
News Related

OTHER NEWS

Ashling Murphy: Man arrested on suspicion of murder as funeral held

© . AshlingMurphy130122 Irish police investigating the death of Ashling Murphy have arrested a man in his 30s on suspicion of murder. Police on Tuesday said the man who was ... Read more »

Konflikt mit Russland: Auch Scholz klar gegen Waffenlieferungen an Ukraine

Nach der britischen Entscheidung für Waffenlieferungen an die Ukraine hat Kanzler Olaf Scholz die deutsche Ablehnung eines solchen Schritts bekräftigt. © Bereitgestellt von Blick Auch Scholz klar gegen Waffenlieferungen an ... Read more »

Behörden sperren Strände: Ölpest an peruanischer Küste nach Vulkanausbruch vor Tonga

Durch den Vulkanausbruch vor der Küste Tongas ausgelöste Flutwellen kam es beim Entladen des Tankers «Mare Doricum» in La Pampilla zu einem Ölunfall. Der Unfall hat in Peru eine Ölpest ... Read more »

The surprising health issues associated with working from home and simple fixes

It has been nearly two years since Irish workers were asked to work from home in the midst of the current Covid-19 pandemic. Aside from the social changes of being ... Read more »

Will Overwatch 2 become an Xbox exclusive title?

© Provided by GamePur The recent news that Xbox was purchasing Activision Blizzard has led to many gamers asking if Overwatch will become an Xbox exclusive title. It is a ... Read more »

Peers' mauling of Government protest crackdown ‘disappointing' says No 10

© PA Wire ‘Kill the Bill’ protests Downing Street defended measures to tackle protesters’ “guerrilla tactics” after peers gutted the legislation with a series of defeats for the Government Home ... Read more »

Together Energy goes bust affecting 176,000 customers

TOGETHER Energy has collapsed, leaving 176,000 customers without a supplier. The firm is the latest casualty of the ongoing energy crisis, making it the 27th supplier to go bust since ... Read more »

Will Call of Duty become an Xbox exclusive title?

© Provided by GamePur The gaming industry is in a constant state of flux, even if all appears to be calm. The recent news that Xbox was purchasing Activision Blizzard ... Read more »

The Best Mascara

Expert choice Ask any makeup lover to name the product in their cosmetic bag they couldn’t live without and they’re likely to say it’s their trusty tube of mascara. Whether ... Read more »

Sadiq Khan faces ‘very difficult decisions' to cut pollution in London, says leading think tank

© PA Archive Capita operates call centres and contracts including the Congestion Charge in London (Philip Toscano/PA) Sadiq Khan’s plans to achieve net zero in London by 2030 will take ... Read more »

All leaked skins and cosmetics coming to Fortnite v19.10

© Provided by Dot Esports Whenever a new patch comes along, data miners dig into the game files to discover items, skins, and other cosmetics that have been added to ... Read more »

Arsenal Fan TV's 'Mr DT' has mugshot in Gunners jumper as police welcome increased term

Thames Valley Police have welcomed the decision to hand AFTV regular ‘Mr. DT’ a three-year prison sentence. Following an investigation by TVP, Liam Goodenough, widely known as ‘Mr. DT’, was ... Read more »

The Best Grass Seed

Expert choice If you want to create a fabulous lawn you have two main options: buy turf (which is expensive) or sow grass seed (which is not). Grass seed is ... Read more »

UK's oldest working cinema to reopen after pandemic forced its closure

The UK’s oldest working cinema is reopening under new ownership nearly two years after the pandemic forced its closure. The  112-year-old Electric Cinema in Birmingham is preparing to open doors ... Read more »

Cranston Johnson Talks Naomi And Shoots His Shot With Denzel Washington And Antoine Fuqua - Exclusive Interview

YouTube/The CW Network The CW has developed quite the slate of superhero shows in recent years. While it’s currently unclear how new series “Naomi” fits into the well-established Arrowverse, the ... Read more »

Prince Andrew's servants had sketch of exactly where his five teddy bears needed to be positioned on his bed at palace

PRINCE Andrew ordered flunkies to arrange five teddies and soft toys in specific positions on his bed every night. A sketch shows how a teddy holding a heart, other ­cuddly ... Read more »

Los Angeles nurse killed in unprovoked bus stop attack was about to retire

Sandra Shells had served 38 years on the job. Handout / KABC-TV A Los Angeles nurse who was killed in an unprovoked attack at a bus stop was a dedicated ... Read more »

Horror scars, festering wounds and even HIV – terrifying toll of illegal tattoo ‘scratchers' targeting underage kids

OOZING wounds, lumpy scars and arms hooked up to hospital drips – this is the grim picture illicit tattoo artists don't want to paint. Yet over recent years, a rising ... Read more »

Volkswagen, Bosch team up to equip battery cell gigafactories

© Reuters/ALY SONG FILE PHOTO: A Volkswagen logo is seen as it launches its ID.6 and ID.6 CROZZ SUV at a world premiere ahead of the Shanghai Auto Show, in ... Read more »

Police arrest man in Ashling Murphy murder investigation

Police investigating the death of Ashling Murphy have arrested a man on suspicion of murder. The arrest comes just hours after the 23-year-old’s funeral. Irish police said the man, in ... Read more »

Sturgeon announces Omicron restrictions to be lifted in Scotland from Monday

Restrictions put in place to curb the spread of the Omicron variant of Covid in Scotland are to be lifted from Monday, Nicola Sturgeon has confirmed. The First Minister said ... Read more »

Review: TV star Bertinelli pens compelling 'Enough Already'

The Associated PressThis cover image released b Harvest shows “Enough Already: Learning to Love the Way I Am Today” by Valerie Bertinelli. (Harvest via AP) “Enough Already: Learning to Love ... Read more »

Europe narrows hunt for next astronauts, eyes crewed flights

BERLIN — The European Space Agency has narrowed down the candidate list for its next generation of astronauts, including dozens who have a physical disability. The agency announced last year ... Read more »

Russia shortens COVID-19 isolation to 7 days as cases surge

The Associated PressFILE – People eat their takeaway food sitting outside a cafe that is closed due to coronavirus in Moscow, Russia, Friday, Oct. 29, 2021. Russia is shortening the ... Read more »

Judi Love shares heartfelt post amid Loose Women drama – and fans share support

Loose Women star Judi Love has shared a post explaining that you “never know what’s really happening behind a screen”. The post comes during a difficult time in the show’s ... Read more »

How Emma Raducanu redisovered winning formula: The four key reasons she outclassed Sloane Stephens

© SHUTTERSTOCK Emma Raducanu beams with delight after winning her first-round match – SHUTTERSTOCK Emma Raducanu shone at a grand slam again as she marked her Australian Open debut with ... Read more »

Chrissy Teigen's acne frustration

© Bang Showbiz Chrissy Teigen’s acne is taking ‘forever’ to heal Chrissy Teigen is not happy with how long her acne is taking to clear up. The 36-year-old model shared ... Read more »

ALL homes destroyed on Tonga island as ‘unprecedented disaster' kills 3 and chilling new pics reveal total devastation

TONGA has suffered an “unprecedented disaster” with all homes on one island destroyed, the government has said. Chilling new pictures show the devastation caused when a volcano erupted, resulting in ... Read more »

‘It was the worst experience': Every Justice League cast member who's criticised Justice League

A bad superhero sequel is nothing special – these days, the box office is awash with them. But there is something special about Justice League. The 2017 DC comics team-up ... Read more »

Historiker melden sich zu Wort: Wirbel um angeblichen Verräter von Anne Frank

Das Versteck von Anne Frank und ihrer Familie vor den Nationalsozialisten in Amsterdam ist nach neuen Untersuchungen sehr wahrscheinlich von einem jüdischen Notar verraten worden. Doch Historiker mahnen jetzt zur ... Read more »

Tennis-Beaten Stephens warns Raducanu to expect rollercoaster ride

© Reuters/ASANKA BRENDON RATNAYAKE Australian Open MELBOURNE (Reuters) – Sloane Stephens knows only too well the vagaries of life as a professional tennis player and offered some sage advice to ... Read more »

«Eingespielte, verschworene Truppe»: Diese 25 Spieler nominiert Patrick Fischer für Peking

© keystone Patrick Fischer hat am Dienstag sein Kader für die Olympischen Spiele bekanntgegeben. © keystone Patrick Fischer hat am Dienstag sein Kader für die Olympischen Spiele bekanntgegeben. Am 4. ... Read more »

Eishockey-Nati in Peking: Das ist Fischers Olympia-Team

© Bereitgestellt von Blick Das ist Fischers Olympia-Team Die Würfel sind gefallen. 22 Tage vor dem ersten Spiel gegen das Russische Olympische Komitee (ROC) am 9. Februar hat Nati-Coach Patrick ... Read more »

Patrizia Kummer dabei – auch Ammann und Cologna selektioniert

Swiss Olympic hat weitere 78 Athletinnen und Athleten für die Winterspiele in Peking selektioniert. Darunter sind auch zwei vierfache Olympiasieger. © Foto: Gian Ehrenzeller (Keystone) Vor zehn Tagen noch in ... Read more »

Nach Spitzenkampf BVB gegen Bayern: Morddrohung gegen Schiri Felix Zwayer

© Bereitgestellt von Blick Morddrohung gegen Schiri Felix Zwayer Nach dem Bundesliga-Spitzenkampf zwischen Borussia Dortmund und den Bayern im vergangenen Dezember (Endstand 2:3) gerät Schiedsrichter Felix Zwayer (40) ins Kreuzfeuer ... Read more »

Nach Treffen mit Lawrow: Baerbock für baldige Friedensgespräche im Ukraine-Konflikt

Die deutsche Aussenministerin Annalena Baerbock hat sich bei einem Treffen mit ihrem russischen Kollegen Sergej Lawrow für eine rasche Wiederaufnahme von Friedensverhandlungen im Ukraine-Konflikt ausgesprochen. © AFP Baerbock für baldige ... Read more »

I was dirt poor after being switched at birth while the other kid was rich – I resented mum for not swapping me back

A SOUTH African man who was switched at birth has revealed he resents his mum for not swapping him back because he grew up dirt poor while the other kid ... Read more »

Outnumbered star Daniel Roche looks unrecognisable 15 years on from first TV role

DANIEL Roche first shot to fame as the adorable, yet mischievous, Ben in the hit BBC comedy show Outnumbered. Ben was part of the Brockman family, with their everyday lives ... Read more »

Multi-millionaire Molly-Mae Hague gets paid eye-watering £400k a MONTH by Pretty Little Thing

MOLLY-Mae Hague is paid £400,000 a month by Pretty Little Thing. The 22-year-old, who is the creative director for the fast fashion brand, is taking home 13 times more than ... Read more »

Oil prices surge to a 7-year high on the back of supply disruption fears and surging demand

© Tetra Images – Dan Bannister/Getty Images Tetra Images – Dan Bannister/Getty Images Brent and WTI oil prices on Tuesday hit their highest levels since October 2014.  Brent reached past ... Read more »
On free-english-test.com you will find lots of free English exam practice materials to help you improve your English skills: grammar, listening, reading, writing, ielts, toeic