Hon’ble Supreme Court has struck down the recent 27% reservation in favour of OBCs in local bodies made by the State Governments of Maharashtra and Madhya Pradesh on 15.12.2021 in Special Leave Petition to Appeal (C) No. 19756 of 2021 – Rahul Ramesh Wagh v/s The State of Maharashtra AND on 17.12.2021 in Miscellaneous Application No. 31495/2021 – Manmohan Nagar vs State of Madhya Pradesh.
Central Government is concerned of the matter and is examining the issue in its entirety taking into account the opinion of all stakeholders viz. M/o Panchayati Raj, M/o Parliamentary Affairs, D/o Legal Affairs and the Ministry of Home Affairs.
In this connection, States are being advised to follow the reservation policy as per provisions of the constitution in the election to the local bodies after observing all the criteria set forth by the Hon’ble Supreme Court.
Government is also considering moving a Review Petition before the Hon’ble Supreme Court to allow political reservation of OBCs in the local Bodies/Municipal Corporations for the time being till the States comply with the triple test criteria set forth by the Hon’ble Supreme Court.