PANAJI
Even as a debate is raging over the date of panchayat elections in the State, Attorney General Devidas Pangam has said the data pertaining to OBC reservations that is available with the State Election Commission is not according to Supreme Court guidelines.
He said the OBC Commission which is already constituted, will have to prepare a detailed report about the wards to be reserved for OBCs and send it to the CEO of Goa government.
“The onus of deciding how to analyse the reservations of OBCs and how to implement it will lie with the State Election Commission”, Pangam said.
He further disclosed that a file was moved to his office by SEC asking whether the data was according to requirements of Supreme Court.
“After looking at that data, it was clear that it is not according to the directions of the Supreme Court. The data has to be created by the OBC Commission and then sent to SEC... I have already sent my opinion to the government that this data is not according to the triple test requirement of SC”, he said.
“To conform to the triple test as mandated by the apex court, the OBC commission, will have to prepare a detailed report about the wards to be reserved for OBC in the panchayat elections”, Pangam said.
The triple test also mandates that the reserved wards should not exceed 50 per cent of the total seats. “SEC will also have to consider this factor while deciding on the final reservation of wards”, he added.
However, the AG made it clear that regarding these three requisitions, the information is not available as per the order of the Supreme Court. This information has to be prepared in the first place, and it has to be prepared by the OBC Commission.
Pointing out that the panchayat election issue is revolving round the reservation for OBC community, the AG stated, “the Court said that OBC reservation is not compulsory under the Constitution of India. SC and ST reservations are compulsory, but OBC reservation is up to the State laws. The State has to decide on this”.
However, as per the Panchayat Raj Act OBC reservation is mandatory and can be decided upon by the State government.
Speaking on the date of elections, the AG said it is yet to be decided. “SEC and the State government have to decide on this. It is at their complete discretion and in consultation with each other to decide when the elections should be held, taking into consideration all aspects and circumstances”, the AG said.
Pangam also brought to the notice of the media that it is not mandatory that the elections have to be held within five years. For some valid reasons, they can be postponed, he said.
