SC gives green signal to UP civic polls with OBC reservation

The Supreme Court on Monday gave its nod to holding urban local polls in Uttar Pradesh and allowed the State Election Commission to issue a notification in this regard within two days with the OBC quota in terms of the Uttar Pradesh Backward report. Class Committee.

Earlier, the Supreme Court had set aside the Allahabad High Court's order quashing the UP government's draft notification for municipal body elections subject to OBC quota, saying the state did not fulfil the formality of the triple test as laid down by the apex court. Taking cognizance of Solicitor General Tushar Mehta, appearing for the state government, the Supreme Court said that a panel appointed by the state government should try to speed up the process of determining backward classes in favour of reservation in local UP bodies.

The Uttar Pradesh government challenged the Allahabad high court's order in the Supreme Court, saying the Supreme Court could not strike down the December 5 draft notification that provided reservation of seats in urban polls for OBCs — except for scheduled castes, Scheduled Tribes and Women.

A bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwal on Monday, while granting approval for the holding of urban local polls in Uttar Pradesh, said: “This Court in its order dated January 4, 2023, observed that in view of the decision of this Court, the Government of Uttar Pradesh issued in December 2022 notification for establishment of Backward Classes Commission in Uttar Pradesh. Although the mandate of this commission was six months, it had to complete its task by 31, 2023. The Advocate General informs that the report was presented on March 9, 2023, to the Cabinet. The local body election notification process is ongoing and will be completed in two days. The lawsuit is settled. The direction in this order cannot be used as a precedent.'

While the Allahabad High Court order stayed earlier, the apex court headed by Chief Justice DY Chandrachud said that a panel appointed by the state government should try to speed up the process of identifying backward classes in favour of reservation in UP local bodies. It also said that local bodies whose terms have expired or will expire will be administered by a 3-member body headed by the District Magistrate and the government will be free to grant delegation and financial powers, subject to no major policy decisions being taken by the administrator. The Supreme Court was informed by the Attorney General that in view of the decision of the Constitution Bench in K Krishnamurthy and the decision in Vikas Kishanrao Gawli, the Government of Uttar Pradesh issued a notification introducing the UP State Local Bodies Commission reserved for Backward Classes.

The Allahabad High Court had earlier directed the State Election Commission that while notifying the elections, seats and offices of chairpersons, except those to be reserved for Scheduled Castes and Scheduled Tribes, shall be notified as for general/open category and shall include reservation for women in terms of constitutional provisions.

The Allahabad High Court had earlier restrained the State Election Commission from issuing a notification to conduct city polls following objections that the state government had not followed the Supreme Court-suggested triple-test formula for deciding OBC reservations for elections.