In a breather to the Yogi Government, the Supreme Court on Wednesday stayed the Allahabad High Court’s order directing the holding of elections in for urban local bodies in the state without OBCs’ reservation.
Putting on hold the high court order directing the conduct of urban local bodies elections in the state without OBCs reservation, a bench comprising Chief Justice D Y Chandrachud and Justice Pamidighantam Sri Narasimha directed the State Backward Commission to submit by March 31, 2923, report on the political backwardness of OBCs for giving them quota in the local bodies.
Noting that the term of the existing urban local bodies was ending on January 31, 2023, and thereafter there would be a vacuum, the top court also directed the Uttar Pradesh Government to issue a notification for the appointment of administrators to carry out the day-to-day affairs of urban local bodies in the interregnum.
The top court order came on an appeal by the Uttar Pradesh Government against the Allahabad High court order.
Issuing notice on the plea by the Uttar Pradesh Government and others including one of a leader of Samajwadi Party Dr. Rajpal Kashyap seeking the holding of local bodies election with OBC reservation. The court tagged other pleas with the one filed by the Uttar Pradesh government.
On December 27, the Lucknow bench of the high court had asked the state government to hold the elections by January 31, even in the absence of OBC reservation.
The high court by its order, that was stayed today had directed, said, “It is further directed that until the triple test/conditions as mandated by … Supreme Court in K Krishna Murthy and Vikas Kishanrao Gawali is completed in all respects by the State Government, no reservation for Backward Class of citizens shall be provided and since the term of Municipalities has either ended or shall be coming to an end by 31.01.2023 and the process of completion of triple test/conditions being arduous, is likely to take considerable time, it is directed that the State Government/State Election Commission Shall notify the elections immediately. While notifying the elections the seats and offices of Chairpersons, except those to be reserved for Scheduled Castes and Scheduled Tribes, shall be notified as for general/open category.”
In the course of the hearing, Solicitor General Tushar Mehta told the court that the Other Backward Classes’ list is not being changed and only the political backwardness of communities already on the list will be considered.
While the Yogi Government moved the apex court on December 29, the Samajwadi Party also filed a petition in the Supreme Court opposing the High Court order to hold the urban body elections without reservation of the OBCs.
The court has given all the parties three weeks’ time to respond to the notices issued today.