OBC reservation in panchayat pollswill have to pass SC's triple test
Lucknow, Feb. 15 -- Several challenges lie ahead for the state government to hold the panchayat elections on time this year, with the main hurdle being the non-formation of a dedicated OBC (Other Backward Classes) Commission. These polls are due in April-May this year.
According to government sources, a rapid survey will be carried out to ascertain OBC reservation for the panchayat polls.
Even after the commission's formation, it will not be easy for the state government to finalise seat reservations on the basis of a triple test mandated by the Supreme Court's constitution bench in 2010.
The 2010 constitution bench verdict laid down a triple test for reserving seats in local body polls, said ML Yadav, a lawyer at the Lucknow bench of the Allahabad high court, who had filed a petition in the high court seeking directives to the state government on OBC reservation in the panchayat polls.
The Supreme Court's triple test includes, setting up a dedicated commission to conduct a "contemporaneous rigorous empirical inquiry" into the nature and implications of the backwardness with respect to local bodies, specifying the proportion of reservation in light of the commission's proposals, and not exceeding the 50% quota cap as laid down by the top court in a landmark 1992 judgment.
The biggest obstacle to holding panchayat elections on time is determining caste-wise seat reservations.
According to the 2011 Census, the percentage of Scheduled Castes and Scheduled Tribes in the state is 20.6982% and 0.5677%, respectively.
The same percentage of seats will have to be reserved for these classes in the three-tier panchayat elections.
The percentage of OBC castes was not included in the census.
However, according to the 2015 Rapid Survey, the OBCs comprised 53.33% of the state's rural population.
Reservations for OBCs were determined based on this survey for the 2021 elections.
Therefore, it is mandatory to maintain 27% reservation for OBCs in the panchayat elections this time.
However, it will take time to determine reservation this time, taking into account changes in numbers.
In response to a public interest litigation, the state government filed an affidavit before the Lucknow bench of the Allahabad high court on January 12 this year. It stated that the file for the formation of a dedicated Backward Classes Commission has been sent to the government. A decision is expected soon.
According to people aware of the matter, the director, panchayati raj, filed the affidavit.
Even as the three-tier panchayat elections in the state are due in April-May this year, the dedicated Backward Classes Commission has not yet been formed yet.
Although panchayati raj minister Om Prakash Rajbhar has previously stated that panchayat elections in the state will be held on schedule in April-May, there are doubts about this due to the preparations.
People aware of the matter said that even if a dedicated Backward Classes Commission is formed, it will still be impossible to hold elections on time. The elections may have to be postponed by at least a month or two....
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