PANJIM: The possibility of elections to 186 village panchayats, due next month, getting postponed has increased with Advocate General Devidas Pangam directing the State government to follow the ‘triple test’ mandate laid down for reservations for other backward classes (OBC) by the Supreme Court.

Speaking to media persons, Pangam said that the State has no option but to follow the triple test procedure laid down by the Supreme Court for OBC reservation.

He said that the data which the State Election Commission (SEC)

currently possesses, based on which reservation is done for OBC for the ensuing panchayat polls, is not as per the Supreme Court directions and hence will have to be redone.

The Advocate General said that to conform to the triple test, the State OBC Commission which is already constituted, will have to prepare a detailed report about the wards to be reserved for OBCs in the panchayat elections. “The OBC Commission already possesses basic population data. The same can be used by the Commission while preparing the fresh report and submit it to SEC, which will then reserve seats,” he said.

The Advocate General has already sent back the file to the government with his opinion on reservation.

Pangam said that the triple test also mandates that the reserved seats should not exceed 50 per cent of the total seats and the same will have to be taken into account by SEC while deciding on the final reservation of wards.

Pointing out that the Scheduled Tribe and Scheduled Caste reservation is mandatory as per the Constitution, Pangam said that the same law does not apply to OBC reservation, which is, however, done as per State law – Goa Panchayati Raj Act.

Asked as to when the elections can be held, considering the term of the existing bodies ends on June 19, the Advocate General said that State government in consultation with SEC will decide on the poll date. He, however, said that polls have to be held at the earliest and cannot be delayed beyond a certain period.

The State government is contemplating holding elections, within six months from June 19, the day when the term of the existing panchayat bodies is set to expire.

Citing the latest Supreme Court verdict with regards to Maharashtra local body elections, Pangam said that factors like monsoon season will have to be taken into account while deciding on the election date. As per the triple test, the State government has to appoint panels, collect empirical data for quantifying the extent and backwardness every panchayat wise while ensuring that the reservation quota does not exist exceed 50 per cent ceiling. Goa already has an OBC Commission in place.

Supreme Court has said polls “cannot” be postponed, reservations maybe

The need to reserve panchayat seats after fulfilling all three parameters is undoubtedly important. But the Supreme Court has made it clear that the inability to carry out reservations can’t come in the way of holding timely panchayat elections. In the event of the State not being able to carry out the exercise of reserving wards as per criteria all wards have to be declared as general wards and elections conducted. The mechanism of course correction can be looked at later.

Therefore there is no impediment except the political impediment to going ahead with elections without reservations and the feared political falling out of the OBC community with by the ruling dispensation.

CM seeks time to hold panchayat polls but doesn’t use the word ‘postponement’

Chief Minister Dr Pramod Sawant on Thursday said that the government will seek time from the State Election Commission (SEC) to hold the general panchayat elections in view of the opinion given by the Advocate General and the recent Supreme Court orders.

Briefing media persons, Sawant said that as per the Advocate General’s opinion and the Supreme Court orders regarding elections to local-self bodies in Madhya Pradesh and Maharashtra, if the Goa government decides to hold panchayat elections now, then it will have to conduct elections without reservation of wards for Other Backward Classes (OBC).

“We don’t want to do that. We want to give reservations to our 27 per cent OBC brethren. It is our desire to give reservation to OBC communities,” he said.

In view of this, Sawant said he will recommend to the SEC to the government some time, though a final decision will be taken by SEC as regards to the date on which to hold panchayat elections.

“We will recommend to State Election Commission (SEC) to give some time to the government (to postpone elections). But it is the right of the SEC. We cannot say we are postponing elections. We are recommending to SEC to give time us to reserve wards for OBC communities so as to ask OBC Commission to prepare data as per the triple test and based on it, wards will be reserved for the panchayat elections in accordance with the Supreme Court directions,” Sawant said.

“After receiving the AG’s opinion and going through the Supreme Court orders with regards to panchayat elections in Madhya Pradesh and Maharashtra mandating triple test for OBC reservations, we have to conduct the triple test. As per the Advocate General’s opinion, the government will now send it to OBC Commission for reservation of wards. The report submitted by the OBC Commission will then be sent to the SEC, which will decide the date on which to hold elections,” he said.

Asked how long the government would require to hold panchayat elections and whether the polls will be held after the monsoon, the Chief Minister said, “File will be sent back to the SEC on Friday and it is now up to the SEC. If our recommendations are accepted then SEC can announce that elections are postponed.”