OBC Quota In Local Body Polls : Supreme Court To Hear UP Government's Petition Against HC Order On 4th Jan

Supreme Court bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha stated that the court will hear the petition filed by the Uttar Pradesh government against the Allahabad High Court’s decision asking the State to conduct urban local body polls without OBC reservations on 4th January. 

The plea was mentioned by Solicitor General of India Tushar Mehta who sought an urgent listing of the matter. Accordingly, the court agreed to hear the matter on Wednesday, 4th January 2023.

The Allahabad High Court had directed the State Election Commission to immediately notify the Urban Local Body Polls without OBC reservation. The court had ordered thus as it held that the state government doesn't fulfil the Triple Test Formality as laid down by the Apex Court. The bench of Justice Devendra Kumar Upadhyaya and Justice Saurabh Lavania also ordered that Polls notification shall include the reservation for women in terms of the constitutional provisions.

The High Court quashed the draft notification issued by the Uttar Pradesh government on December 5 expressing its intent 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.

"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. The notification to be issued for elections shall include the reservation for women in terms of the constitutional provisions," the High Court had directed.