Odisha Bid To Solve OBC Quota Tangle With Amended Municipal Law

Bhubaneswar: Obstacles for conduct of urban body elections are likely to be removed with the state government introducing the Odisha Municipal Laws (Amendment) Bill, 2021, in the Assembly on Monday.

The amendment is required to keep the electoral reservations for Scheduled Caste (SC), Scheduled Tribe (ST) and Other Backward Class (OBC) within 50 per cent in the urban local bodies, election to which is expected to be held next year.

Going by the Supreme Court quota ceiling, maximum of 27 per cent can be reserved for OBCs because the reservation for SCs and STs determined pro rata of the national population is 7.5 and 15 per cent.

“Constitution in every Municipality, by the District Magistrate, to such extent not exceeding 27 per cent subject to ceiling limit of 50 per cent of the total number of seats, including those reserved for SC, ST and backward class of citizens taken together and such seats will be allotted by rotation to different wards in a Municipal area at every general election,” the bill said.

Among them, 50 per cent of seats will be reserved for women. The same ceiling will apply to offices of Chairperson of Municipalities. This new Act may be called the Odisha Municipal Laws (Amendment) Act, 2021.

“So far as reservation of seats in favour of SC and ST is concerned, there is no need for amending the relevant provisions of the Odisha Municipal Act, 1950, and the Odisha Municipal Corporation Act, 2003; but, the provisions relating to reservation of 27 per cent of seats in favour of OBC need amendment so as to limit the total reservation of seats to 50 per cent in favour of SC, ST and OBC together, in compliance with the orders of the High Court in the light of the decision of Supreme Court in K. Krishna Murthy case. Hence, there is no scope left except for amending the relevant provisions of the Odisha Municipal Act, 1950, and Odisha Municipal Corporation Act, 2003,” Law Minister Pratap Jena contended.

Notably, the ruling BJD earlier announced to reserve 27 per cent of party tickets for the upcoming panchayat and urban elections.

 

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