Telangana HC stays decision to grant 42% reservation to Backward Classes

The decision was passed after two days of detailed arguments over the legality and proportion of the increased BC quota in the local body elections

The Telangana High Court on Thursday stayed the state government’s decision to grant 42 per cent reservation to Backward Classes (BC) in the upcoming local body elections, according to a report by Deccan Chronicle.

 

In its interim orders, the court suspended the operation of the government’s order until further notice. While allowing the government four weeks to file a counter-affidavit, the court stated that the petitioners could file their objections within two weeks thereafter.

 

The decision was passed after two days of detailed arguments over the legality and proportionality of the increased BC quota in the local body elections.

 

HC questioned government

While hearing the petitions on Wednesday, the High Court questioned whether the government had shown “sufficient application of mind” in data collection before issuing the order, according to a report by The Indian Express. 

  The court further observed: “And after this data etc. are published and the commission submits a report, is there not a requirement for publication and inviting objection and then dealing with the objection and accepting it?”

Total reservation could rise to 67%

Last month, the Telangana government issued an order allocating 42 per cent reservation for BCs in the upcoming local body elections, scheduled to be held in multiple phases during October and November. On September 27, a Vacation Bench heard the matter in a house motion petition and questioned the urgency with which the order was issued and the absence of the Governor’s assent for the Bill. The matter was subsequently listed for hearing on October 8.

 

The petitioners highlighted that if the BC reservation is increased from the existing 25 per cent to 42 per cent, the total reservation in the state would rise to 67 per cent.