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SANJAY KAROL, S. KUMAR
Sunil Kumar – Appellant
Versus
State of Bihar – Respondent
Sanjay Karol, CJ.—The short point which arises for consideration in these petitions is as to whether the following three fold test, as elucidated by a Bench headed by Hon’ble Dr. Justice D.Y. Chandrachud vide order dated 19.09.2022 passed in Sunil Kumar vs. The State of Bihar & Ors., Special Leave to Appeal (C) No(s). 16081/2022 stands followed and complied with in the conduct of election to the numerous “Municipalities” in the State of Bihar or not?
“(i) Having a dedicated commission to conduct an empirical inquiry into the nature and implication of backwardness in relation to local bodies;
(ii) Specification of the proportion of reservation required in light of the recommendations of the Commission; and
(iii) Observance of the limit of 50% on reservations.”
2. The test is based on the principles enunciated by Hon’ble the Apex Court in Sunil Kumar (supra); K. Krishna Murthy & Ors. vs. Union of India & Ors., (2010)7 SCC 202; Vikas Kishanrao Gawali vs. State of Maharashtra, (2021) 6 SCC 73; (4) Suresh Mahajan vs. State of M.P., 2022 SCC OnLine SC 589; Rahul Ramesh Wagh vs. The State
(1) Reservation for OBCs is only a “statutory” dispensation to be provided by State legislations unlike “constitutional” reservation regarding SCs/STs which is linked to proportion of population.(2) ....
The court upheld the validity of seat reservations in local elections, confirming compliance with the triple test and allowing discretion in reservations based on population data.
The main legal principle established in the judgment is the interpretation and application of the 50% reservation limit for Scheduled Castes, Scheduled Tribes, and Other Backward Classes in local sel....
The classification of municipal posts based on population percentages must adhere strictly to constitutional mandates and cannot be altered through arbitrary administrative decisions.
The court reaffirmed the constitutional mandate for timely elections in local bodies, emphasizing that procedural delays cannot impede democratic processes.
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