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Supreme Court of India 2021-03-04 partly_allowed

Vikas Kishanrao Gawali vs State of Maharashtra & Ors

Bench: 3 — A.M. Khanwilkar

In Brief

The Supreme Court examined whether Maharashtra's 27% OBC reservation in local bodies (Zilla Parishads and Panchayat Samitis) was valid and whether election notifications providing for over 50% aggregate reservations for SCs/STs/OBCs were lawful. Following the Constitution Bench's K. Krishna Murthy decision, the Court held that OBC reservations are statutory (not constitutional) and require: a dedicated empirical inquiry into backwardness, local body-specific proportionate quotas, and cannot exceed 50% aggregate ceiling. Finding no such inquiry was conducted, the Court read down Section 12(2)(c) as enabling rather than mandatory, quashed impugned notifications, and ordered fresh elections for vacated OBC seats as general category vacancies. The petitions were partly allowed.">

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Constitutional Law Local Self-Government Reservations Other Backward Classes Panchayats Electoral Law Equality

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