Telangana High Court Stays Govt Order Granting 42% Reservation To Backward Classes In Upcoming Local Body Elections

The Telangana High Court has stayed the State's decision to grant 42% reservation to Backward Classes (BC) in upcoming local body elections.

A division bench of Chief Justice AP Singh and GM Mohiuddin passed the order. 

Mr. B. Mayur Reddy, Senior Counsel for the petitioner submitted that the impugned G.O.Ms, are violative of two laws:

i) The law laid down by the Supreme Court, under Article 142 of the Constitution, in K. Krishna Murthy v. Union of India, and

ii) The statutory bar under Section 285A of the Telangana Panchayat Raj Act, 2018.

With respect to the law laid down by the Supreme Court, it was submitted that the effect of the judgement in K. Krishna Murthy is that vertical reservation in favour of SCs/STs/OBCs shall not exceed 50%. This follows from the verdict of the Supreme Court in the case of Indra Sawhney, which held that the ceiling of 50% shall apply, with respect to reservation under Articles 15(4) and 16(4) of the Constitution.

With respect to violation of statutory law, it was submitted that Section 285A of the Telangana Panchayat Raj Act, 2018, as inserted vide the Act No. 4 of 2019, holds that “in pursuance of the Judgments of the Supreme Court of India, the upper ceiling of 50 percent vertical reservations in favour of SCs/STs/OBCs should not be breached in the context of local self Government…”

It was submitted the said provision also mandates that “the seats and offices to be reserved for Backward Classes shall be so determined, duly keeping in view the requirement of reservation in respect of SCs, STs therein, that the total number of seats/offices reserved for the SCs, STs and BCs shall not exceed 50 percent of the total number of seats or as the case may be the offices, in the respective local bodies…”

Counsel submitted that Section 285A has not been amended yet. The legislation seeking to amend the said provision has necessarily been placed for the assent of the Governor, and thus the government order must be stayed.

It was thus submitted that the impugned action of the State Government in bringing about the impugned G.O.s in violation of Section 285A, which prescribes a cap of 50% for vertical reservation of SCs, STs and OBCs, and also requires the State to take the interest of SCs and STs in account, while making reservations for OBCs, is clearly violative of Section 285A, as well as the law laid down by the Supreme Court in K. Krishna Murthy and other cases.

The GO was thus stayed and 4 weeks was given to file counter affidavit and 2 weeks to file rejoinder.