Thread by @lawbarandbench

The #SupremeCourt continues hearing the matter of reservation in Maharashtra local bodies election.
#Maharashtra govt had urged the SC to recall order renotifying 27% OBC seats as those of general category.

Adv K Parmeshwar: There an order passed against him in 15.1

SC: I don't have it. We are avoiding papers now.

*Parmeshwar reads the order*

SC: The elections were regarding panchayat?

Parmeshwar: Yes. The incumbent president was disqualified after your Gawli decision. We aren't concerned with that. On 9/11/21 election is declared.

SC: It's not a direct election?

Parmeshwar: no. The collector is taking a stand that

Parmeshwar: the triple test judgement only applies to the subject matter of the judgement.

SC: There'll be new elections in March. Hardly any time is left

Parmeshwar: The person was declared am OBC candidate. He cannot be elected, it comes in the teeth of your lordships order

Adv Rahul Chitnis: First of all I tender unconditional apology if we have committed any contempt. The collector has given an affidavit...

SC: One minute, we have to go into breakout room to discuss.

Chitnis: Okay, my lord. This is a new thing we have to learn now

SC: Whether election has been conducted for this panchayat?

Chitnis: Yes, the affidavit says so

SC: So fresh committee will continue?

Chitnis: No.

SC: General elections have happened?

Chitnis: No

SC: Then we will not take any policy decision.

SC: The Panchayat samiti's term is getting over in February 2022. If you conduct general elections it will be according to our order.

SC: The HC declined to interfere in the writ petition which had challenged the election of respondent no. 7 as president of Panchayat samiti

SC: Srirampur as reserved OBC candidate. Despite the decision of this court, the HC took the view that the election was necessitated due to disqualification of the incumbent president on 25/10/21. The samiti was constituted after the general elections held on 6/2/17 which did not

SC: provide restrictions now spelt out by the decision of this court. As the term of the panchayat samiti is only upto 23/2/22 we don't wish to precipitate the matter any further and accept the explanation offered by the collector as a genuine error committed by him. We direct

SC: continuance of the interim order so respondent no. 7 shall not take any policy decision in connection with the panchayat samiti unless general elections are conducted and new samiti takes over the affairs. Although we are not approving the action of the collector, we do not

SC: wish to pass directions to unseat the respondent no 7. We direct the SEC to ensure the general elections for panchayat samiti Srirampur is conducted in right earnest to ensure that newly elected samiti takes over as the term or incumbent samiti ends.

SC: Needless to say Vikas Gawali judgement shall be followed.

Parmeshwar: It's not 6 th but 16th February.

Chitnis: It's Sabhapati not President.

SC: Okay. Issue notice.