ULB Polls| State Fulfills 'Triple Test' Formality For OBC Quota: UP Govt Informs Allahabad High Court
Responding to the query of the Allahabad High Court, the Uttar Pradesh Government has informed the HC that in essence, it is complying with the 'Triple Test' mandate of the Supreme Court to institute OBC quotas in Urban Local Body Elections.The State Government has also made a categorical submission before the HC that the survey of Other Backward Classes (OBCs) conducted by it in 2017 can...
Responding to the query of the Allahabad High Court, the Uttar Pradesh Government has informed the HC that in essence, it is complying with the 'Triple Test' mandate of the Supreme Court to institute OBC quotas in Urban Local Body Elections.
The State Government has also made a categorical submission before the HC that the survey of Other Backward Classes (OBCs) conducted by it in 2017 can be considered as the basis of the proposed reservation to be provided to OBCs in the ULB polls.
The reason given for treating it as the basis of proposed quota is that the Government has ahdeered to the three test laid down by the Supreme Court in the case of Vikas Kishanrao Gawali v. State of Maharashtra & Ors. LL 2021 SC 13
JustIn | [Urban Local Body Elections Issue]The Uttar Pradesh Government (@UPGovt) has told the #AllahabadHighCourt that the survey of Other Backward Classes (OBCs) conducted in 2017 can be considered as the basis of the proposed reservation to be provided to OBCs in the polls. pic.twitter.com/qsdTjU31rp— Live Law (@LiveLawIndia) December 20, 2022
These submissions were made in response to the HC's query asking whether, in the process of reserving the seats for the purpose of Urban Local Bodies' election, the State Government completed the 'Triple Test' formalities as mandated by the Supreme Court.
Essentially, the bench of Justice Devendra Kumar Upadhyaya and Justice Saurabh Srivastava is presently dealing with a Public Interest Litigation (PIL) plea moved by Vaibhav Pandey and other petitioners challenging the State government's 5 December notification whereby in the draft order, it sought objections to fixing of quota in the Urban Local Body Elections.
The petitioners are aggrieved with the fact that the UP Government intends to conduct Urban Local Body Elections after reserving 4 mayor seats in the state for Other Backward Classes (OBCs) despite not fulfilling the 'triple test' formalities as prescribed in the case of Vikas Kishanrao Gawali v. State of Maharashtra & Ors. LL 2021 SC 13 by the Top Court, to determine the political backwardness of OBCs.
For context, in the Vikas Kishanrao Gawali case, the Apex Court had noted that a triple test is to be followed before provisioning reservation for the OBC category. The said triple test involves
(1) setting up a dedicated Commission to conduct a contemporaneous rigorous empirical inquiry into the nature and implications of the backwardness qua local bodies, within the State;
(2) specifying the proportion of reservation required to be provisioned local body-wise in light of recommendations of the Commission, so as not to fall foul of overbreadth; and
(3) not exceeding an aggregate of 50 percent of the total seats reserved in favour of SCs/STs/OBCs taken together.
Against this backdrop, hearing the matter last week, the HC had sought to know from the Government as to whether it has completed the 'Triple Test' formality before coming up with its draft order on December 5.
In response to this, a counter-affidavit has been filed by the Secretary, Urban Development Department, Govt of UP which states thus:
* Government issued guidelines and directions for conducting identification of population of backward classes for holding the upcoming local body elections comprising of detail procedure in terms of the government order dated 7.4.2017. (First requirment of the triple test)
"That the mechanism provided in the government order dated 7.4.2017 for identification of population of backward classes for the purpose of elections of the local bodies which had been followed for the upcoming elections is a fair and transparent manner for the collection of contemporaneous empirical data with regard to other backward classes. It is submitted that based on the comprehensive exercise conducted for collecting of empirical data as per the mechanism provided in the government order dated 7.4.2017, the concerned District Magistrates have recommended for proportionate reservation to other backward classes. It is humbly submitted that the aforesaid exercise of identification of other backward classes is in tune with the spirit and object of the directions of the Hon'ble Supreme Court...in the case of Vikas Kishan Rao Gawali Vs. State of Maharashtra and others," Government's affidavit states.
* That the second test of triple test formula is with regard to proportionate reservation to other backward classes which is statutorily provided in the state of Uttar Pradesh and is being strictly followed in the state of Uttar Pradesh.
* The third test of upper ceiling of 50% reservation is also strictly adhered in the state of Uttar Pradesh and there has been no breach of the upper ceiling of reservation.