During the urban local elections held in Uttar Pradesh, the Allahabad high court strictly directed to held the election without reserving the seats for the other backward classes(OBCs), as it surpasses the state’s guidelines regarding the OBC reservation i.e. triple test formula which are laid down by the Supreme court of India.
Immediate performance of the election was instructed by Justices Saurabh Lavania and DK Uphadhyaya to the state election commission(SEC) and even ordered to include reservation for women as per constitution.
As reservation was preserved for 4 mayor seats in the State for OBCs despite therefore, the bench after hearing the plea, quashed the government’s notification dated December 5, December 5, issued by the Department of Urban Development, under Section 9A (5)(3).
The following conditions prescribed by the Supreme Court in the case of Vikas Kishanrao Gawali v State of Maharashtra & Ors, in order to determine whether backward class quota, provided by local self-government are valid or not.
- To establish a specialised Commission to investigate the nature of backwardness via rigorous empirical research.
- To indicate the percentage of reservations that must be provided in order to avoid overbreadth.
- The total number of seats reserved for SC/ST/OBCs must not exceed 50% of the total number of seats available.
The court observed that as the government of Uttar Pradesh did not go by the court’s rules and guidelines and asked them to relook into its policies and re-frame its policies with regard to the reservation in the local self-government bodies.
“State of Uttar Pradesh cannot, thus, be permitted to flout the dictum of Hon’ble Supreme Court and take a plea that State enactments have not been challenged to deny the reliefs claimed in these petitions for the reason that Hon’ble Supreme Court in Vikas Kishanrao Gawali (supra) reiterated that States ought to take a relook at its policies including the Legislative policies with regard to reservation in local self-government bodies,” the Court ordered.
Court also said about inclusion of transgender to be taken into consideration, at the time, of election in urban local areas.
“The claim of trans genders for their inclusion amongst Backward Class of citizens shall also be considered,” the Court added.
“In case, term of Municipal Body comes to an end, till the formation of the elected Body the affairs of such Municipal Body shall be conducted by a three-member Committee headed by the District Magistrate concerned, of which the Executive Officer/Chief Executive Officer/Municipal Commissioner shall be a member. The third member shall be a District Level Officer to be nominated by the District Magistrate,” held the Court.
Conclusion:
In order to maintain equality in the society and one may not ousted the other, therefore, judiciary comes into a picture and has a vital role in the society where no one is above the law, everyone below law and everyone must abide by the rules and regulations made by the them. This case of Vikas Kishanrao Gawali vs. State of Maharashtra represents one of the landmark judgements of legal history, where each state is bid by these rules and cannot outdid it. They have to stick to these prescribed rules and guidelines in order to maintain peace and harmony among the people.
CASE: VIKAS KISHANRAO GAWALI VS. STATE OF MAHARASHTRA
BY: AYUSHI BHUSHAN, 1ST YEAR, BA.LLB(INTEGRATED), BANASTHALI UNIVERSITY, RAJASTHAN
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