Overview
- The detailed order clarifies the election process is not stayed and allows polls under the earlier reservation pattern with proportionate seats treated as open.
- G.O.Ms. 9, 41 and 42 are stayed after the bench noted the enhanced BC quota would raise total reservations to 67%, breaching the Supreme Court’s 50% ceiling.
- The court reiterated that any OBC reservation in local bodies must meet the Supreme Court’s triple test, citing Vikas Kishanrao Gawali and Rahul Ramesh Wagh.
- The state has four weeks to file its counter and petitioners have two weeks for replies, with the matter listed for early December.
- Despite the clarification, the State Election Commission has paused further poll activity, while the government prepares to approach the Supreme Court to seek implementation of the 42% quota.