Published On : Wed, Feb 21st, 2024
By Nagpur Today Nagpur News

Legal showdown looms as OBC Mukti Morcha to challenge Maratha quota in HC

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Nagpur: In a move that has sparked contrasting reactions, the Maratha quota Bill, providing a 10% reservation for the community, has received accolades from ruling party leaders, while drawing criticism from the opposition. The ruling party applauds the measure as a step toward inclusive representation, while the opposition accuses the State Government of once again misleading the community.

Opposition members expressed concern over the perceived haste in clearing the Bill, contending that it might not align with the legal framework established by the Supreme Court. They argue that a more thorough examination and adherence to established legal norms are crucial.

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The opposition’s apprehensions were endorsed by the OBC Mukti Morcha, which reiterated its stand of challenging the new Bill in the Bombay High Court, once it is officially notified in the gazette.

According to OBC Mukti Morcha President Nitin Chaudhary, the new Bill would again fail the top court’s scrutiny. The issue doesn’t come under the State Government’s jurisdiction. The passing of the reservation Bill is a contempt of the SC’s orders in Indira Sawhney case, and also its May 5, 2021, verdict where the five-judge constitution bench had quashed ‘Maharashtra State Reservation for Socially and Educationally Backward Classes Act, 2018’, Chaudhary said.

Another body, National OBC Federation (NOF), however, hailed the Bill. Earlier, it had warned the government against diluting OBC quota to accommodate Marathas. “We are satisfied as the government has granted the separate reservation that will not affect our quota. Our other demand of not granting Kunbi certificates to the entire Maratha community was also accepted,” NOF President Baban Taywade said.

Accusing the government of clearing the Bill in view of upcoming Lok Sabha polls, Leader of Opposition Vijay Wadettiwar warned that it would be quashed by the SC again. “The then BJP Government led by CM Devendra Fadnavis had tabled a similar Bill before the 2019 polls, and now again before the 2024 elections. The government is misleading the Maratha community,” he said.

Terming the passing of the Bill as historic, BJP State President Chandrashekhar Bawankule said the Mahayuti had fulfilled the long pending demands of Marathas while ensuring that OBC quota would not be touched. “The three-party alliance has made very transparent and honest efforts in the last four months. A meeting of all party leaders was held, and a Backward Classes Commission started working under new Chairman Justice (Retired) Sunil Shukre. A statewide survey was conducted by the revenue department. The govt came with a bill within the framework of the law and would pass the judiciary’s test,” Bawankule said.

Applauding CM Eknath Shinde, People’s Republican Party leader Jaideep Kawade said previous governments of Congress and NCP had kept Marathas in the dark for all these years. “The trio of CM and Deputy CMs — Devendra Fadnavis and Ajit Pawar — managed to fulfil the aspirations of the community, which Maratha leaders like Sharad Pawar could not do,” Kawade said.

“The Government only presented a monologue and decided to give 10 percent reservation to the Maratha community in education and employment,” pointed out Nana Patole, Maharashtra Pradesh Congress Committee President. Patole questioned the Government’s decision and said that the decision has been taken in haste and whether this reservation will survive in court is the real question.

Patole said, “Manoj Jarange Patil has started a movement for the Maratha community. The Chief Minister had announced that the demands of Jarange Patil have been accepted. Then why is Jarange Patil still on a fast? The Chief Minister should explain to the people what he had committed to Jarange Patil.”

Mangesh Kashikar, District Contact Head of Shiv Sena (Shinde group) felt that Shinde fulfilled the promise that he made to the people of the community. “I not only welcome the decision but would salute Eknath Shinde for keeping his word. It was most important part of the today’s decision. The Government led by him held special session for the cause and gave respite to the community,” expressed Kashikar.

Duneshwar Pethe, President of NCP (Sharad Pawar) while welcoming the decision gave a cautious reaction. He said,“Last time, Government failed to plead its case in the court of law because it did not take a strong stance. I only would say, Government should create a foolproof document so that it would stand strong in Apex court too.”

Prashant Pawar, President of NCP (Ajit Pawar) expressed full confidence over the decision and said that it would stand strong in court. “Earlier, MVA Government failed to give the reservation to Maratha. Through this decision, Shinde-Fadnavis Government has given respite to the people of Maratha community.”

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