By LS Herdenia
BHOPAL: The Supreme Court’s guidance to hold local body elections without reservations for CBOs has created a serious dilemma for the BJP-led government of Madhya Pradesh. The BJP was very interested in having seats on local bodies reserved for CBOs. It is the considered opinion of the BJP that the OBCs constitute a solid foundation for the party.
The term of office of all local bodies ended in 2019. The Government of Congress issued notice for the elections in 2019. But the elections were postponed due to some or other reasons. Meanwhile, the Congressional government was overthrown. The BJP government, which succeeded the Congressional government, did not hold elections, making Corona an excuse. Meanwhile, some other problems arose and elections continued to be postponed. Nearly pulling the state government back over the excessive delay in holding elections, the Supreme Court ordered the Madhya Pradesh State Election Commission (SEC) to publish a voting program for local bodies within two weeks. To say that more than 23,363 of these bodies are functioning without elected representatives in the last two years is bordering on a ‘breach of the rule of law’.
The apex court said that the ongoing activity of delimiting or forming the ward cannot be a legitimate ground for any authority to invoke for failing to fulfill its constitutional obligation to notify the electoral program in a timely manner and ensure that the elected body is installed. before the expiry of the outgoing body’s five-year term.
A bench headed by Judge AM Khanwilkar noted that until the triple-test formality is completed “in all respects” by the state government, no reserve for CBOs can be provisioned.
“Therefore, we direct the SEC, by means of an interim order, to issue an electoral program without further delay based on the wards according to the delimitation made in Organs local bodies involved when the elections were won due to the expiration of five years of the mandate of the elected body. outgoing or before the entry into force of the contested amendment law(s), whichever is later”, he said.
On the heels of the Supreme Court’s directive to conduct panchayat research in the OBC’s unreserved state, CM Shivraj Singh Chouhan said the government will file a petition for review. “The decision of the honorable high court has arrived. We do not study the order details. So that the Panchayat elections are held with OBC reservations. We will file a petition for review and call for the local body’s research to be carried out with OBC quota.” said CM Chouhan. Former CM Kamal Nath said: “The anti-OBC face of the Shivraj government has been revealed once again. The government did not want the OBC category to benefit from any reservations, so all the conspiracies were being plotted against it.”
Looking at the seriousness of the issue and the importance to the BJP, Chief Minister Shivraj Singh Chouhan rushed to New Delhi with two of his Cabinet colleagues to discuss the legality of the OBC reservation issue with Attorney General Tushar Mehta and leaders of the broken.
The OBC reserve is taking center stage in Madhya Pradesh following the Supreme Court ruling. Chouhan, who was scheduled to visit abroad from May 14 to attract investment, canceled to discuss the nuances of the Supreme Court’s decision. Interior Minister Narottam Mishra and Urban Development and Housing Minister Bhupendra Singh accompanied the CM to New Delhi.
In a tweet, the CM said the government is committed to sufficient OBC reserves in local bodies and panchayat elections and will make every effort to ensure this. All legal issues regarding the matter would be discussed in detail.
Although the Chief Minister is making every effort to shelve the review petition, legal experts consider it a fruitless attempt. In view of this, the SEC initiated the necessary procedure to carry out the election within the stipulated period. As the SEC is a statutory body, it does not need to wait for government direction. In addition, it is important to note that the Supreme Court’s direction is for the SEC and has a duty to comply with the SC’s order.
In view of this position, it is known that the Commission must notify the electoral calendar by May 24th. The commission is also expected to complete elections before June 30. . The BJP also announced that it will try to allocate more than 27% of seats to OBC candidates. (IPA Service)
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