Goemkarponn desk
PANAJI: The High Court of Bombay at Goa dismissed the petition for delaying the panchayat elections for the OBC reservation stating the authorities had enough time to compile with the SC-mandated triple test.
The Division Bench of Justice R.N. Laddha and Justice Mahesh S Sonak said that the Petitioners, as well as the OBC Commission, nowhere assert that the triple test formulated by the Constitution Bench of the Hon’ble Supreme Court was complied as of 1st July 2022 when the impugned Notification was issued by the SEC.
“Their case is that the Panchayat election may be postponed so that such a triple test could be complied with. The Hon’ble Supreme Court rejected an identical contention in Suresh Mahajan (supra),” the Court observed.
It said the SC, in clear terms, held that until the state government completes the triple test formality “in all respects,” no reservation for OBCs can be provided. “Suppose that exercise cannot be completed before the issue of election programme by the SEC, the seats (except reserved for the S.C.s and S.T.s which is a constitutional requirement). In that case, the rest of the seats must be notified as for the General Category,” it said.
The bench said the SC held that “The political parties who claim to be the protagonist of participation of OBC in the governance of local bodies, are free to nominate candidates belonging to the OBC category in the concerned constituencies and even against all General seats available after reserving for Scheduled Castes and Scheduled Tribes”.
The Court further held that completion of delimitation exercise or be it triple test formality, as the case may be, can wait if not completed well before the expiry of five years term of the outgoing elected body, including giving enough time to the SEC to complete the election process within such time.
“Thus, the SEC cannot delay the declaration of the election program on that account. For, it would inevitably create a hiatus situation upon expiry of five years term of the outgoing elected body. Such an eventuality needs to be eschewed by all the duty holders. The SC held that “A priori, it is not only a constitutional obligation of the SEC but also the State Government, including the constitutional Courts,” it said.
The Court observed that the impugned Notification issued by the SEC in the present case is entirely consistent with the law in Vikas Gawali (supra). “Therefore, the relief that the Petitioners seek or the OBC Commission supports would be contrary to the law in K. Krishna Murthy (supra) and Vikas Gawali (supra).
The Petitioners and the OBC Commission knew that the Panchayat’s term was to end on 18th June 2022,” it said. The Court said they are presumed to be aware of the constitutional provisions contained in Article 243-E requiring the Authorities to complete the election process before 18th June 2022.
“However, no steps were taken by the Petitioners calling upon the Authorities to comply with the triple test formulated by the Constitution Bench way back in 2010.
The learned Counsel for the OBC Commission also could not explain why the Authorities failed to comply with the triple test well before the expiry of the term of the Panchayats on 18th June 2022.
“The Authorities that now profess to provide for reservation to the OBCs have offered no explanation whatsoever why no steps were taken to comply with the triple test formulated by the Constitution Bench way back in 2010,” it said.
The Respondents, having faltered in complying with the constitutional prerequisites for OBC reservations, cannot now plead this lapse as an excuse to breach the Constitutional mandate in Article 243E and seek postponement of elec…
