New Delhi [India], May 6 (ANI): In a matter pertaining to reservation for Other Backward Classes (OBCs) in Maharashtra, the Supreme Court orally remarked that reservations in the country are akin to a railway journey, where those who are already inside the train, are now resisting the inclusion of others.
"Reservation business in this country has become like a railway. Those who have entered the coach, entered the bogey, they don't want anyone else to enter.", the top-court judge said, implying that such are the claims made by the petitioner before it.
The Court was hearing a plea filed by one Mangesh Shankar Sasane who raised the issue of OBC reservation granted in elections merely on the basis of social backwardness without ascertaining political backwardness of the concerned persons.
Senior Advocate Gopal Sankarnarayanan, appearing for the petitioner, argued that the assessment of social backwardness is relevant for constitutional reservations under Articles 15 and 16 of the Constitution of India. However, he contended that this criterion has nothing to do with regard to electoral reservations, which, as per the Supreme Court's ruling in the Krishnamoorthy case, require a separate determination of political backwardness.
At this juncture, Justice Surya Kant remarked, "When you follow the principle of inclusivity, the States are bound to identify more classes. There will be social backwards class, politically backwards class, and economically backwards classes. Why should they (any class) be deprived of the benefit? Why should it be confined to one particular family or group?"
The senior counsel said that the petitioner raised the same issue in this case.
However, noting that a batch of pleas had been filed in this regard, the Court decided to hear it at 12:45 PM on the same day.
When the matter came up for hearing at the given time, the Court directed that elections to local bodies in Maharashtra shall be conducted despite the pending issues regarding OBC reservation.
The top-court reasoned that while the issues over reservation are subject to challenge before the top-court, in the meanwhile, there is no reason as to why the elections to local bodies have not been held in the State.
"In our concerned opinion, the constitutional mandate of grass root democracy through periodical elections of the local bodies ought to be respected and ensured", the bench stated in the order.
The bench then proceeded to direct the Maharashtra Election Commission to notify the elections to local bodies within four weeks. It also urged the election commission to make an endeavour to conclude the elections within four months. (ANI)
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