50% quota cap can’t be breached in Maharashtra local body polls: SC

NEW DELHI: The Supreme Court on Monday asked the Maharashtra government not to exceed the 50% reservation policy in local body elections that are scheduled for next month, warning to stay the polls if the quota limits are breached.The SC was hearing a batch of pleas concerning the Maharashtra government’s decision to implement a fresh OBC reservation matrix for local body elections based on the Banthia Commission’s findings.The Maharashtra government had set up the Banthia Commission to carry out this exercise. A two-judge bench of the apex court, headed by Justice Surya Kant and comprising Justice Joymalya Bagchi, said that the local body elections in the state can only be held as per the situation prevailing prior to the 2022 J K Banthia Commission report, which recommended a 27% quota in Other Backward Class (OBC) categories.During the course of the hearing on Monday, the court asked, “How can reservation exceed 50%?” It questioned the Solicitor General Tushar Mehta, appearing for Maharashtra.  “The commission’s report and the state’s attempt to implement a revised reservation matrix on its basis are now under scrutiny before this court,” it said.On the request of the Mehta, the bench fixed the matter for hearing on November 19. Meanwhile, it asked the state government not to exceed the 50% ceiling.  The top court added, “We never meant to exceed the 50% reservation cap set by the constitution bench. We can’t do so sitting in a two-judge bench. The Banthia Commission report is still sub judice; we allowed holding elections as per the situation prevailing earlier.”“If the plea is that nomination has begun and the court should stay its hand, then we will stay the elections. Don’t test the powers of this court,” the top court said.



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