Repeat Of OBC Reservation In Mayor Post Before SC Reservation Not Violation Of Rotation Policy As Per Maharashtra Act

Case: Sanjay Ramdas Patil v. Sanjay and others

Coram: Justice L Nageswara Rao, Justice BR Gavai

Case No: CIVIL APPEAL NO. 5060 OF 2021

Court Observation: “… taking into consideration the fact that the number of seats reserved for Scheduled Castes is 3 whereas, for Backward Class of Citizens, they are 7 i.e. more than twice, it is quite probable that the post of Mayor could be reserved for two earlier terms for Backward Class of Citizens and whereas no reservation is provided for Scheduled Castes”

“We find that such a situation is bound to occur in view of the difference in the number of seats, reserved for Scheduled Castes and Backward Class of Citizens. If the interpretation as placed is to be accepted then unless the post of Mayor is reserved for Scheduled Tribes in all the Corporations to complete the rotation, it will not be possible to provide reservation for the categories which were already reserved earlier”

“The interpretation which gives effect to the intention of the legislature will have to be preferred. The interpretation which brings about the effect of result will have to be preferred than the one which defeats the purpose of the enactment” “At the cost of repetition and particularly taking into consideration the difference in a number of seats for Scheduled Castes and Backward Class of Citizens, we find that the interpretation as placed by the High Court, would not make the said Rules workable and give effect to the legislative intent. It would have been a different matter that even after completion of the cycle, requisite reservation as per the Rules is not provided to the Scheduled Castes and excessive reservation is provided for Backward Class of Citizens. Such is not the case”

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Keywords

OBC Reservation, Mayor Post, SC Reservation, Maharashtra Act