The Supreme Court on Friday cleared the deck for holding of elections to the civic body of Greater Hyderabad Municipal Corporation without debarring the 'creamy layer´ within the backward classes from contesting from reserved constituencies.
A Bench comprising Chief Justices K G Balakrishnan and Justice P Sathasivam vacated the interim stay granted by the Andhra Pradesh High Court on holding the municipal polls.
It said the elections to the Corporation will be conducted without depriving the right of creamy layer within the backward classes to contest from the 50 reserved seats.
However, the Bench made it clear that those likely to constitute creamy layer are allowed to contest the elections subject to the outcome of a bunch of petitions in this regard pending before the High Court.
"Let candidates take the risk," the Bench said, adding, "election will go on subject to the outcome of the result of the writ petitions."
The Bench observed that it was difficult to identify and indicate in the voters list about the creamy layer.
"Whether creamy layer or no creamy layer, the backward class will vote. When there is no question of excluding them from voters list how can they be prevented from contesting," the Bench observed.