PANJIM: The High Court of Bombay at Goa on Thursday reserved its order on interim relief pertaining to petitions challenging OBC reservation in certain wards for the upcoming village panchayat elections.
While admitting the petitions, Division Bench of Justice M S Sonak and Justice R N Laddha, on hearing submissions by the petitioners, State Election Commission and the State government, reserved verdict on interim relief.
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During the hearing on Thursday, the petitioners contended that authorities concerned did not follow the ‘triple test’ as mandated by the Supreme Court (SC), argument which was rejected by Advocate General DevidasPangam, who maintained that all requirements are heeded to.
“The SC’s directions on the ‘triple test’ has been satisfied, and proper data and study has been conducted by the SEC. The OBC Commission’s recommendation to the SEC was submitted to the government and Apex Court’s directions are abided by,” he said.
Of the six petitions, two of which are from Nagoa-Arpora Village Panchayat, and one each fromSaligao, Mandrem, Parra and Candolim, four petitions, are challenging the OBC reservation.
The High Court on Wednesday had questioned the SEC application of the ‘independent mind’ in enforcing the reservation. The Bench during the hearing also noticed that after receiving data from the State Commission of Backward Class, a committee comprising the government employees was constituted to evaluate the parameter of the ‘triple test’ in accordance with Supreme Court’s direction.
Later, OBC reservation was notified based on the recommendation of the committee.
The High Court observed that the Election Commissioner being an autonomous authority, should have applied its independent mind, which prima facie didn’t seem like.
