OBC reservation in Uttar Pradesh civic polls: Lucknow bench of HC completes hearing, reserves order for December 27
Additional advocate general Vinod Kumar Shahi, who is representing the state government, opposed the petitioner’s argument for conducting civic polls on reserved seats as general category seats
The Lucknow bench of the Allahabad high court on Saturday completed the hearing on the public interest litigation (PIL) challenging the Uttar Pradesh government’s notification on reservation for the other backward classes (OBCs) in civic polls. The court reserved the order for December 27. The bench has already stayed the notification.
A division bench of Justice Devendra Kumar Upadhyay and Justice Saurabh Lavania heard the arguments of the state government counsel and lawyers representing the petitioners.
Additional advocate general Vinod Kumar Shahi, who is representing the state government, opposed the petitioner’s argument for conducting civic polls on reserved seats as general category seats.
“The state government has followed all rules and regulations and U.P. Municipalities Act for reserving seats for civic polls. Reserved seats cannot be declared as general category seats,” said Shahi.
LP Mishra, the petitioner’s counsel, insisted on the constitution of a commission for ascertaining OBC reservation in civic polls.
“According to a 2010 Supreme Court ruling, the political backwardness of a caste in the area would be the basis of OBC reservation in civic polls,” Mishra said.
Additional chief standing counsel Amitabh Rai apprised the court that the rapid survey conducted by the state government for OBC reservation in civic polls was as good as the triple test formula .
Rai also argued that in last civic polls (in 2017), the same procedure for OBC reservation was adopted. But then, no PIL was filed against it.
Vaibhav Pandey of Rae Bareli has filed the PIL in the high court, challenging the state government’s December 5 notification on reservation for civic polls. It challenged the OBC reservation in municipal corporations, nagar panchayats and nagar palikas.
In the notification issued under U.P. Municipalities (Reservation and Allotment of Seats and offices) Rules, 1994, of the Municipalities Act, 1916, the state government has reserved four mayoral seats for OBCs.
Pandey, in his petition, has pointed out that the government has not followed the triple test exercise for reserving seats in civic polls.
Sixty-four petitions have been filed in the high court challenging state government’s notification for OBC reservation for civic polls.
Almost all of them have raised identical questions related with the civic polls.