Bhubaneswar: The Odisha Cabinet on Friday approved to amend the provisions pertaining to reservation of seats of the Chairperson/Mayor in favour of Backward Class Citizens (BCC) in the Odisha Municipal Act, 1950 and Odisha Municipal Corporation Act, 2003.
“Article 243T of the Constitution provides for the reservation of seats in municipalities. As per the above provision, the State Government have the discretion of reserving seats for BCC to such extent as may be decided by the State Legislature. Accordingly, the Odisha Municipal Act, 1950 and the Odisha Municipal Corporation Act, 2003 provide for reservation of seats for election to the extent of 27% in favour of the BCC and in favour of SC and ST categories in proportion to their population in the respective Urban Local Bodies of our State in line with the provisions of the Constitution of India.
In the mean time Hon’ble Supreme Court vide their order on Date: 17th Dec 2021, in Misc application Diary No.31495/2021 have directed the Learned Solicitor General of India to impress upon the concerned authorities to issue a communication to respective State Election Commissions to strictly adhere to the enunciation of the Hon’ble Court, which is declaration of law, by three Judge Bench in Vikas Kishanrao Gawali case (Supra) to first comply with the triple test being a precondition before notifying reservation of seats for BCC in the local bodies under their jurisdiction.
In view of the above observations of the Hon’ble Apex Court, it was felt expedient to amend the provisions pertaining to reservation of seats/office of the Chairperson/Mayor in favour of BCC in the Odisha Municipal Act, 1950 and Odisha Municipal Corporation Act, 2003,” a cabinet press note read.
