[Madhya Pradesh local body polls] Supreme Court modifies earlier order, allows OBC reservation since delimitation was complete

The Supreme Court on Wednesday modified its May 10 judgment that had directed that notification of pending local body polls in the State of Madhya Pradesh should be done without delimitation for Other Backward Classes (OBC) seats [Suresh Mahajan vs State of Madhya Pradesh]..A Bench of AM Khanwilkar, AS Oka and CT Ravikumar took note of fact that the delimitation exercise in the State was not ongoing but had already been completed and notified before May 10. "For the time being, we permit the Madhya Pradesh State Election Commission to notify the election programme for the respective local bodies keeping in mind the delimitation notifications already issued by the State Government as on this date, i.e., till today; and also the Reports submitted by the dedicated Commission, referred to above. The State Election Commission shall ensure that the election programme is issued in respect of local bodies where elections are overdue without any loss of time keeping in mind the feasibility of conducting elections owing to impending monsoon," the apex court ordered. The top court took note of submissions that a second report had been submitted by the Commission to look into delimitation for OBCs, and the said report incorporates the needs of meeting the triple test. In this regard, the order stated,"We also permit the State of Madhya Pradesh to notify the reservation pattern local body wise as delineated in the Reports of the dedicated Commission, to be adhered to by the State Election Commission. That be done within one 5 week from today. The State Election Commission shall issue election programme in respect of concerned local bodies thereafter within one week. The directions given in order dated May 10, 2022 stand modified to the above extent.".The Supreme Court had earlier this month asked the Madhya Pradesh State Election Commission to conduct pending local body polls in the State without any delay, and as per the seat allotment in place prior to the ongoing delimitation exercise.The top court had noted that conducting such polls every five years is a constitutional obligation.The Court had said that a hiatus with regard to elections is permitted only when local bodies are dissolved a little before the end of their tenure. In the State, however, polls are pending to over 23,000 local bodies, even as citizens are entitled to have newly-elected members in all bodies before their 5-year tenure ends, the Court had said.It is inviolable that incumbents cannot continue beyond six months of their tenure, the May 10 judgment had underscored.The judgment was passed in a writ petition challenging the validity of Section 10(1) of the Madhya Pradesh Municipal Act, 1956, Sections 12, 23 and 30 of the Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, and Section 29 of the Madhya Pradesh Municipalities Act, as being arbitrary and usurping the powers and independence of the State Election Commission.The judgement had also made it clear that the interim directions are for all States where local body polls may be pending.The polls to these bodies were held up citing pendency of case before the top court regarding Madhya Pradesh government's decision to reserve seats for Other Backward Classes (OBCs) in local bodies.The Supreme Court had in December 2021 stayed the State's decision for not complying with the triple test laid out in Indra Sahwney while providing for such reservation.The Bench in its May 10 judgment had reiterated that such exercise cannot be cited as a legitimate ground to stall polls and disrupt governance.The top court had also directed the State Election Commission to re-notify the OBC-allocated seats for the general category in compliance with the triple test..Madhya Pradesh State Election Commission was represented by its Standing Counsel advocate Siddharth Seth along with advocate Kartik Seth, with SG Tushar Mehta appearing for the State..[Read May 18 order]