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In a big relief for Yogi Adityanath govt, SC stays Allahabad HC order directing UP civic polls without OBC quota

by Trans World Features | @twfindia 04 Jan 2023, 10:00 am

New Delhi : In a big relief for the Uttar Pradesh government ahead of the local polls, the Supreme Court Wednesday stayed the Allahabad High Court's order to hold urban bodies elections in the state by January without reservation to Other Backward Classes (OBCs).

A bench comprising Chief Justice DY Chandrachud and Justice P S Narasimha asked the state Backward Classes Commission to file a report on the political backwardness of OBCs to allow them quota in local bodies by March 31.

The state, which had challenged the Allahabad HC's order, told the apex court that a separate OBC Commission has already been formed and will complete its task by March.

The Allahabad High Court, in its order on Dec 27, had said that the triple test formula not be applied which included appointing a commission, collecting quantifiable data of the community, allocate reservations to them in local bodies without exceeding 50 per cent total reservation.

The Lucknow Bench of the Allahabad High Court had said that until the “triple test/conditions” as mandated by the Supreme Court is completed in all respects by the state government, no reservation for the Backward Class of citizens shall be provided in the urban local body polls.

The Allahabad High Court on Tuesday, Dec 27, had quashed Uttar Pradesh's government's OBC reservation in urban local body polls and ordered the votes to take place without OBC reservation.

The HC's order came following a petition that had objected to the state government's move to issue a provisional list of reserved seats for mayors of 17 municipal corporations, chairpersons of 200 municipal councils and 545 nagar panchayats.

The petitioners had contended that the state government must follow the Supreme Court's formula and form a commission to study the political backwardness of OBCs before fixing reservation.

Chief Minister Yogi Adityanath had declared that the state will give reservations to OBCs in the local bodies and hold a survey under the Supreme Court guidelines.

The support of OBCs is crucial to the BJP in Uttar Pradesh.