UP cabinet nod to OBC panel to decide reservation in panchayat polls

Lucknow: UP cabinet on Monday gave nod to the constitution of a dedicated Backward Class Commission for determining reservation for OBCs in the state’s three-tier panchayati raj institutions.

Complying with directives issued by the Supreme Court, govt will set up a five-member commission headed by a retired high court judge. It will conduct contemporary and empirical studies to assess the nature and impact of backwardness among OBCs in rural local bodies. The commission will have a tenure of six months.

Based on its findings, the commission will recommend proportional reservation for backward classes in panchayat institutions in UP. The development comes amid the growing uncertainty over holding of rural local bodies elections which are scheduled later this year.

State govt currently undertakes reservation-related exercises for rural local bodies under the UP Panchayati Raj Act, 1947, and the UP Kshetra Panchayat and Zila Panchayat Act, 1961.

Under Article 243-D of the Constitution, along with Sections 11-A and 12(5) of the UP Panchayati Raj Act, and Sections 6-A, 7-A, 18-A and 19-A of the UP Kshetra Panchayat and Zila Panchayat Act, two separate rules govern reservation and allotment of seats and posts in panchayati raj institutions.

These include the UP Panchayat Raj (Reservation and Allotment of Seats and Offices) Rules, 1994, and the UP Kshetra Panchayat and Zila Panchayat (Reservation and Allotment of Seats and Offices) Rules, 1994, both as amended from time to time.

These rules prescribe the procedure for reservation and allotment of posts of chairpersons and member seats in gram panchayats, kshetra panchayats and zila panchayats.

According to the statutory provisions, state govt is empowered to reserve seats and offices in panchayati raj institutions for SC/STs and OBCs through official notification.

The proportion of reserved seats for SC/STs and OBCs should be in line with their share in the state’s population. However, reservation for OBCs cannot exceed 27% of the total seats in panchayati raj institutions.

In cases where updated population data for backward classes is unavailable, surveys may be conducted to determine their population, the cabinet noted.

The proposed commission will comprise members appointed by state govt with expertise and knowledge about backward class issues.