BHUBANEWAR: The State Cabinet on Friday approved the amendment to the provisions of the Odisha Municipality Act 1950 and Odisha Municipal Corporation Act 2003 regarding the reservation of seats for class citizens arrears (BCC) in light of the Dec. 17 order of the Supreme Court. To research.
Both laws provide for the reservation of election seats up to 27 percent in favor of the BCCs. In addition, these laws provide for the reservation of seats for categories SC and ST in proportion to their population in urban local authorities in accordance with the provisions of the Constitution.
The Supreme Court said its Dec. 17 order struck down the reservation for BCCs in Maharashtra and Madhya Pradesh in the absence of empirical data and asked states to comply with the criteria of the triple test. The ordinance had said to first comply with the triple test being a prerequisite before notifying the reservation of seats for the BCCs in the local bodies under their jurisdiction.
The three-step test includes the establishment of a dedicated commission to conduct an empirical investigation into the nature and implications of the delay as it relates to local state bodies. It should specify the proportion of reservations to be sourced locally as recommended by the commission, and ensure that the reservation does not exceed 50% of the seats for the SC, ST and OBC taken together.
Taking into account the observations of the Supreme Court on the reservation of seats for the backward classes in the elections of the urban bodies, the Cabinet decided to modify the provisions relating to the reservation of seats / office of the president / mayor in favor of the BCCs in the municipality of Odisha. Act, 1950 and Odisha Municipal Corporation Act, 2003, according to an official press release.