Local Body Polls: Allahabad High Court Directs UP Govt To Upload OBC Commission's Report On Its Website In 4 Days
The Allahabad High Court has directed the Uttar Pradesh government to upload on its website the report prepared by the dedicated Uttar Pradesh Backward Classes Commission to study the representation of Other Backward Class (OBCs) in urban local bodies. It may be noted that the commission was set up in January this year tasked with the primary responsibility to collect empirical data on...
The Allahabad High Court has directed the Uttar Pradesh government to upload on its website the report prepared by the dedicated Uttar Pradesh Backward Classes Commission to study the representation of Other Backward Class (OBCs) in urban local bodies.
It may be noted that the commission was set up in January this year tasked with the primary responsibility to collect empirical data on the political backwardness of the community and to look into the issue of reservation to Other Backward Classes (OBCs) in urban local body elections.
A bench of Justice Rajan Roy and Justice Manish Kumar passed this order on a writ petition filed by one Vikas Agrawal challenging a government notification issued on March 30, 2023, regarding the reservation to Nighasan Nagar Panchayat.
Now, the case of the petitioner is that the report of the commission is not in the public domain making it impossible for him to file his objections to same. Therefore, he moved to the High Court seeking certain relief in the matter.
Before the Court, the State Government's counsel submitted that although there is no requirement in law for providing the said report but if the Court orders, it will be uploaded on the official website of the Urban Development Department, Government of U.P.
Accordingly, the Court directed the state government to upload the said report on the aforesaid website within four days.
It is important to note that the report of the Commission was submitted to the UP govt last month. Subsequently, the UP govt informed the Supreme Court that the report has been accepted by the UP Cabinet.
Thereafter, the Apex Court, on Monday (March 27) permitted notifications for setting up the election process for the local bodies in the State of Uttar Pradesh with OBC quota within two days. It allowed the State Election Commission to issue a notification in this regard in two days with an OBC quota in terms of a report of the Uttar Pradesh Backward Classes Commission.
Subsequently, the Urban Local Body polls were notified on March 30, 2023, wherein the reserved constituencies for the purposes of elections to the local bodies were also notified. The Government sought objections from the aggrieved person by April 6.
Case title - Vikash Agarwal vs. State Of U.P. Thru. Addl. Chief/Prin.Secy. Urban Development Urban Development U.P. Lko. And Others [WRIT - C No. - 2713 of 2023]
Case Citation: 2023 LiveLaw (AB) 119
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