Section 12(2)(c) of Maharashtra zilla Parishads and Panchayat Samitis Act, 1961,states that 27% reservation is for OBCs.
The court stated:
As regards the State legislation providing for reservation of seats in respect of OBCs, it must ensure that in no case the aggregate vertical reservation in respect of SCs/STs/OBCs taken together should exceed 50 per cent of the seats in the concerned local bodies. In case, constitutional reservation provided for SCs and STs were to consume the entire 50 per cent of seats in the concerned local bodies and in some cases in scheduled area even beyond 50 per cent, in respect of such local bodies, the question of providing further reservation to OBCs would not arise at all. To put it differently, the quantum of reservation for OBCs ought to be local body specific and be so provisioned to ensure that it does not exceed the quantitative limitation of 50 per cent (aggregate) of vertical reservation of seats for SCs/STs/OBCs taken together.”
It also stated:
“A priori, the elections conducted by the State Election Commission on the basis of such notifications concerning reserved OBC seats alone are vitiated and must be regarded as non est in the eyes of law from its inception in the wake of declaration of law in that regard by the Constitution Bench of this Court. The fact that it will impact large number of seats throughout the five
districts or elsewhere where such elections are conducted in 2019/2020, would make no difference.”
Lawcutor 