NEW DELHI: The Supreme Court on Thursday granted the Karnataka government time till March 31 to complete the process of finalising political representation to OBCs in local bodies of the state.
A bench of Justices S Abdul Nazeer and Hima Kohli allowed a plea by Solicitor General Tushar Mehta, appearing for the Karnataka government that a Commission has been appointed to undertake the process, including collection of empirical data to give due representation to the OBCs.
A counsel, appearing for the State Election Commission, pointed out that there has been inordinate delay in holding the polls. The Backward Classses Commission has already recommended for 33% reservation for the OBCs. The fresh exercise being undertaken by the Commission would cannot complete the work within one year, he asked.
On this, the bench said, "This is an opportunity for representation of OBCs. We know what is happening, it is a just cause. Let them get representation. Give them some time. If elections are held like this, OBCs would not get any representation."
Mehta also submitted that the poll panel should not be concerned about the delay.
He also said, after the High Court's order, a fresh exercise was being undertaken in compliance to the triple test norm laid down by the top court to give reservation to the OBCs.
The Karnataka High Court had in October quashed the state government's decision to fix 33% quota for OBC in 243 wards of the municipal corporation of Bengaluru.
The decision was based on imaginary data and not through a scientific exercise, the High Court had said while quashing the August 16 notification of the civic body quota matrix.
The government 's decision has come on a recommendation made by a Commission headed by former Karnataka High Court's judge Justice Bhaktavatsala.
The High Court had found that the notification issued by the state government providing reservation for backward classes on the basis of the report submitted by the commission of enquiry is contrary to the triple test set down by the Supreme Court.
The term of the Bruhat Bengaluru Mahanagara Palike (BBMP) has ended on September 10, 2020.
A new law was passed by the state Assembly in 2020, which came into effect in January, 2021, increasing the number of wards in the city corporation from 198 to 243 wards.
In a decision in May this year, the top court had referring to the Constitution Bench decision in 'K Krishna Murthy (Dr) and Ors v Union of India & Anr' (2010), to hold that "triple test conditions" have to be fulfilled before providing reservations for the OBCs.
The conditions are to set up a dedicated commission to collect empirical data on backwardness, specify the proportion of reservation required in local body in light of recommendations of the Commission, and such reservation not to exceed aggregate of 50 % of the total seats reserved in favour of SCs/STs/OBCs taken together, it had said.
