Mumbai: In a twist to the ongoing legal battle for the OBC quota in local bodies, a day after the Apex Court directed the State Election Commission (SEC) to hold elections in 106 nagar panchayats, Bhandara and Gondia zilla parishads and panchayat samitis under their jurisdiction, the polling will take place as per schedule on December 21. But the counting will not take place on December 22, as declared earlier.
The SEC will release a fresh notification on Friday, wherein OBC seats in these local bodies will be de-reserved, as they will become open/general seats of which 50% will be reserved for women. The SEC expects with the revised poll schedule, the polling in these open/general seats will take place in mid-January next year.
However, as per the SC order, the counting for the elections to be held on December 21 and for these de-reserved seats expected in mid-January will take place on one day.
SEC sources told the Free Press Journal, '‘The polling will take place for 82 seats in Bhandara and Gondia zilla parishads, 165 seats of 15 panchayat samitis under their jurisdiction and 1458 seats in 106 nagar panchayats on December 21. There was no stay on that. Even though the Supreme Court has given SEC a week’s time, a notification will be issued on Friday for the poll schedule for OBC seats which will now be de-reserved in these local bodies. As per the various legislations, including the Gram Panchayat Act, the Zilla Parishad Act and the Municipal Corporation Act and Articles 243 (A) and 243 (ZA), SEC enjoys powers to reserve 50% seats for women.’’
There are 17 seats in each nagar panchayat of which there are 4 seats or 3 seats or in rural areas zero seats reserved for OBC. However, with SEC’s new notification, in Bhandara and Gondia zilla parishads 23 seats will be de-reserved, 45 seats in 15 panchayat samitis under their jurisdiction, and 344 in 106 nagar panchayats.
'‘With SEC’s new notification, the respective district collectors will take out, draw or directly reserve 50 per cent of the de-reserved seats for women. This process will be completed in two days and thereafter the filing of nomination papers will begin, which will culminate in polling in mid-January,’’ they said.
The collectors will need seven days for nominations, one day for scrutiny, one day for withdrawal of nominations and one day for allotment of symbol.
In Bhandara and Gondia, the district courts have powers to decide appeals with regard to nominations. The polling will be held in mid-January.
Meanwhile, the SEC is yet to receive the state government’s letter on the resolution passed by the cabinet on Wednesday to defer the local body elections until empirical data of OBC is collected for the purpose of quota. The cabinet has pressed for the postponement of upcoming elections to the municipal corporations, including BrihanMumbai Municipal Corporation, municipalities, zilla parishads, panchayat samitis and nagar panchayats for at least three months.
However, SEC sources said it will proceed as per the Supreme Court order. '‘The apex court has said that Wednesday’s order will be applicable to the ensuing local and civic body polls in Maharashtra,’’ sources said.
