Nagpur's 40 OBC Corporators Face Legal Uncertainty as Supreme Court Hears Reservation Case
The fate of forty corporators elected from the Other Backward Classes category in Nagpur hangs in the balance. Legal uncertainty mounts as the Supreme Court prepares to hear a critical case regarding reservation limits in the Nagpur Municipal Corporation.
Reservation Cap Breached in NMC
The overall reservation in the civic body has crossed the constitutionally prescribed fifty percent ceiling. Official data reveals the current composition of the 151-member NMC. It includes forty OBC corporators, twelve from Scheduled Tribes, thirty from Scheduled Castes, and sixty-nine from the general category. The total reservation now stands at 54.30 percent.
This figure will come under the Supreme Court's direct scrutiny later this week. The hearing is scheduled for Wednesday, January 21.
Potential Outcomes and Precedent
If the Supreme Court applies its earlier rulings strictly, all forty OBC-reserved seats could be invalidated. This would necessitate fresh bypolls for those positions. Constitutional experts point out the Court may also uphold the results as a one-off exception. They say this outcome cannot be discounted.
Legal experts emphasize that reservations for Scheduled Castes and Scheduled Tribes remain unaffected. These are constitutionally guaranteed. "If the total reservation exceeds fifty percent, it is the OBC quota that becomes vulnerable," a senior lawyer noted.
The lawyer recalled a comparable situation in 2021. In that case, the Supreme Court cancelled OBC reservations in several district councils across Maharashtra. In Nagpur district council alone, elections to sixteen OBC-reserved seats were annulled. This led to bypolls in the open category following a judgment by Justices A M Khanwilkar and J K Maheshwari.
Broader Implications for Maharashtra
The upcoming hearing is expected to address the broader question of OBC reservation in local bodies. This includes district councils where polls were stalled. Aspirants awaiting these district council elections are watching the proceedings closely. They hope for clarity on the reservation issue.
Earlier, the Supreme Court directed the State Election Commission to complete elections to local self-government bodies before January 31. Acting on this directive, elections to municipal councils, nagar panchayats, and municipal corporations were held across Maharashtra.
Polls for twelve district councils are slated for February 7. Elections in several other district councils remain pending. This is due to concerns over excessive reservations. Despite similar issues, elections proceeded in the Nagpur and Chandrapur municipal corporations. The reservation cap was reportedly exceeded in both cases.
Financial Burden and Legal Arguments
Drawing on the 2021 precedent, some senior jurists believe the forty OBC seats in the NMC could meet a similar fate. Others, however, offer a note of caution. They warn that scrapping elections in two municipal corporations and numerous municipal councils and nagar panchayats would place a substantial financial burden on the state exchequer.
"This is public money," one legal expert observed. The expert suggested the Court may consider granting a one-time exception. This could be done while issuing stringent directions to prevent future breaches of the reservation cap.
The legal community remains divided on the likely verdict. All eyes are now on the Supreme Court as it prepares to deliberate on this complex and consequential issue.
