Panel for 33 pc quota for OBCs in local bodies

Shyam Sundar Vattam | NT
Bengaluru

A commission of Inquiry for OBC reservation in local bodies headed by Dr Justice K Bhakthavatsalam, chairman and C.R.Chikkamath, a retired IAS officer has opined that on the basis of the empirical data pertaining to urban and local body elections, held in the State of Karnataka, in the year 1996, 2001, 2010 and 2015, one can safely reach the conclusion that a large number of castes and communities who come under CategoryA and B of Other Backward Classes are still socially and politically backward.

Therefore, providing reservation of 1/3rd (33%) of the total seats, in favour of OBCs (including minorities) in the urban and local body elections is justifiable. The report was submitted to Chief Minister Basavaraja Bommai here on Thursday. The panel said as per Section 57 of the BBMP Act, 2020, the term of office of the Mayor and Deputy Mayor is 30 months, from the date of election. But, according to Section 10 of the Karnataka Municipal Corporations Act, 1976, the term of the Mayor and Deputy Mayor is 12 months.

Therefore, Section 10 of the KMC Act has to be amended. Further, Section 10 of the Karnataka Municipal Corporations Act, 1976, provides reservation, for persons belonging to the Backward Classes, falling under the Category-A and B, to the extent of 1/3rd of the total number of offices of the Mayor and Deputy Mayor, in the State. But, Section 58 of the BBMP Act, relating to reservation of seats, in favour of OBCs, to the office of Mayor and Deputy Mayor is silent.

Another interesting fact to be noted is that the definition of Backward Classes in the BBMP Act, does not refer to Category-A and B of OBCs, as notified by the Urban Development Department But proviso 1, 2 and 3 of sub-section 3 of Section 8 of BBMP Act, makes a reference to Backward Classes Category-A and B. “ We have noticed that the list of SC/ ST notified for the purpose of Article 15(4) and 16(4) of the Constitution of India is being adopted even for political reservation of seats in favour of SCs and STs and there is no separate list of SCs/STs for the purpose of political reservation.

Taking into consideration that 44.40% of total population, in the State of Karnataka, belong to OBCs (including minorities), the State of Karnataka, in its Wisdom and Authority, have adopted the castes listed as Backward Classes, for the purpose of education and employment, for purpose of political reservation also, on the ground that they are socially and politically backward in Karnataka. Therefore, reservation of 1/3 rd (33%) of total seats, in favour of OBCs for Local Body elections is based on OBC population and empirical data. Hence, we hold that the reservation of 1/3rd (33%) of total seats in the local body elections in the State of Karnataka in favour of OBCs is justifiable”.

“ Persons belonging to the minority community other than Muslim community are not able to avail the benefit of political reservation in local body elections. For the purpose of reservation of seats in education and employment, there is only one community under the Category-II(B) namely Muslim community. The empirical data reveals that the Muslim Community has been given representation in the local body elections held in the year 1996, 2001, 2010 and 2015. We are of the opinion that before the next local body elections in 2027 or 2028, the State Government may review the re-classification of “Backward Classes for the purpose of effective reservation in favour of OBCs including minorities”.