ORDER :

1. Heard learned counsel for the parties.

2. The writ petition essentially assails the provisions inserted/amended vide Maharashtra Ordinance No. 3/2021 permitting reservation for the category of backward class of citizens upto 27% uniformly throughout the State in the concerned local bodies. That issue had received attention of this Court in Vikas Kishanrao Gawali vs. State of Maharashtra and Others, (2021) 6 SCC 73 wherein this Court noted triple test to be followed before provisioning such reservation for OBC category.

3. In paragraph 13 of the said decision, three steps have been noted thus:

“13....(1) to set up a dedicated Commission to conduct contemporaneous rigorous empirical inquiry into the nature and implications of the backwardness qua local bodies, within the State.

(2) to specify the proportion of reservation required to be provisioned local body-wise in light of recommendations of the Commission, so as not to fall foul of over-breadth.

(3) in any case such reservation shall not exceed aggregate of 50 per cent of the total seats reserved in favour of SCs/STs/OBCs taken together. In a given local body, the space for providing such reservation in favour of OBCs may be