VidhiSangh

Supreme Court of India · 04/03/2021

VIKAS KISHANRAO GAWALI versus STATE OF MAHARASHTRA & ORS.

[2021] 2 S.C.R. 173 · 2021 INSC 150

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court read down Maharashtra’s local-body OBC reservation provision as enabling reservation up to 27%, subject to a dedicated empirical inquiry, local-body-specific recommendations and the aggregate 50% vertical-reservation limit. Because these prerequisites had not been met, the challenged OBC-seat notifications and consequential election results were invalidated. The affected seats were to be filled by open-category elections for the remaining term. Earlier acts of the local bodies were protected under Article 142.

Issues

  1. What prerequisites govern OBC reservation in local bodies.
  2. Whether the statutory 27% requirement and challenged election notifications could stand.
  3. What consequences followed for completed elections and earlier local-body decisions.

Provisions considered

Held

Result

Writ petitions partly succeed: statutory provision read down, challenged OBC reservations and consequential results invalidated, with open-seat election directions and protection of earlier local-body acts. No costs.

Judgment PDF: Supreme Court of India, [2021] 2 S.C.R. 173.