Triple test in Vikas Gawali judgment has to be complied with before reserving seats for OBCs in local bodies: Supreme Court

The Supreme Court on Wednesday said that compliance with the triple test laid down in the top court's judgment in Vikas Kishanrao Gawali v. State of Maharashtra is mandatory before seats can be reserved by Maharashtra government in favour of Other Backward Classes (OBC) in local government bodies [Rahul Ramesh Wagh v The State of Maharashtra]..A Bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar said that until the triple test is complied with, Maharashtra cannot proceed with such reservation in local body elections.."Maharashtra has asked this court to allow elections based on data available to the State about backward classes. The appropriate step would be to present the data before state appointed dedicated commission which can examine the correctness and if it deems appropriate, make recommendations to the State based on which further steps can be take by the State or the State Election Commission," the Court held.However, any decision by the State has to comply with the triple test in Gawali judgment, the Court underscored.These observations were made after the Maharashtra government requested the Court to allow elections based on data available to the State. .The Court was hearing a bunch of petitions challenging the State's ordinance to provide 27 percent reservation for OBCs.The petitions had assailed the the State Election Commission's (SEC) notification of rules for the local body elections in accordance with the ordinance.On December 6, 2021, the top court had stayed the SEC notification with respect to OBC seats on the ground that it was prima facie against the mandatory triple-test laid down in Vikas Kishanrao Gawali.As per the triple test laid out in that judgment, the following conditions are required to be complied with by the State before reserving seats in local bodies for OBCs:- constituting a commission to study the nature and implications of backwardness with respect to claims for reservation in local bodies;- laying out the quantum of reservation in line with recommendations of the said commission; and- not breaching the 50 per cent cap on reservation.Later on December 15, 2021 the Court had ordered SEC to renotify the 27 percent OBC seats as general category seats and to hold polls simultaneously for all seats.The Maharashtra government had then approached the top court seeking recall of the December 15 order. The Court was informed today that elections with respect to seats which were earlier notified as OBC seats, were conducted as open seats as per the Court's direction.The results of those elections will be notified by tomorrow, the Court was told. Hence, the Court said that the issue remaining is regarding the validity of ordinance.The Maharashtra government then sought the Court's permission to hold elections as per the data available. "The information available to the State can be furnished to dedicated commission which can make recommendations to State government as maybe necessary. This obviously would not complete the triple test exercise which has to be completed before reservation of seats in local govt for OBC category," the Court made it clear.The commission may submit the interim report to the State government within two weeks, the Court added..The Court also observed that the State/ Union Territory is obliged to prepare a list of socially and educationally backward classes under the recently amended Article 342 A of the Constitution. The same can be acted upon to provide reservations including during local governments.Meanwhile, since the ordinance under challenge became an Act, the Court said that the petitioners will be at liberty to carry out necessary amendments to the petition and file additional affidavit. The matter will be heard again on February 8. .[Read Order]