Supreme Court of India
Vikas Kishanrao Gawali v. State of Maharashtra & Ors.
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2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that Section 12(2)(c) of the 1961 Act is an enabling provision and needs to be read down to mean that it may be invoked only upon complying with the triple conditions (mentioned in paragraph 12 above) as specified by the Constitution Bench of this Court, before notifying the seats as reserved for OBC category in the concerned local bodies.
Judgment, page 26
From the headnote
Maharashtra Zilla Parishads and Panchayat Samitis ct, 1961 – s.12(2)(c) – Constitution of India – Arts. 14, 16 , 243- and 243-T – Reservation in local self-government – Petit ioners sought a declaration that s.12(2)(c) of the Maharashtra Zi lla Parishads and Panchayat Samitis Act, 1961, is ultra vires the provisions of Arts. 243- and 243-T including Arts. 14 and 16 of the Constituti on – In addition, the validity of notifications dated 27.07.2018 and 14.02.2020 issued by the State Election Commission provi ding for reservation exceeding 50 per cent in respect of Zilla Parishads and Panchayat
Authorities it was built on
Where later benches applied it
- 2022 Suresh Mahajan v. State of Madhya Pradesh and Anr.
- 2021 Dr. Jaishri Laxmanrao Patil v. The Chief Minister & Ors.
Of those, 2 mentioned
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