Telangana to move SC against HC stay on 42% BC quota

HC had stayed the implementation of GO on 42% quota for OBCs in the local body elections, it had not objected to the conduct of local body elections itself

The Telangana government has decided to move the Supreme Court challenging the state high court’s interim order stalling the implementation of 42% reservations for the Other Backward Classes (OBCs) in the local body elections.

The decision to approach the Supreme Court was taken during a virtual meeting convened by chief minister A Revanth Reddy on Friday night. (ANI)

A Congress leader familiar with the development said the decision to approach the Supreme Court was taken during a virtual meeting convened by chief minister A Revanth Reddy on Friday night with senior Congress leaders including AICC in-charge of Telangana affairs Meenakshi Natarajann, PCC chief B Mahesh Kumar Goud and Supreme Court advocate Abhishek Manu Singhvi.

“The meeting focused on the implications of the high court’s stay order and discussed the next course of action, including an appeal before the apex court to ensure the implementation of the OBC quota as envisaged by the state government. A final decision will be taken during the state cabinet meeting scheduled to be held on October 16,” the Congress leader said.

PCC chief said the state government was committed to implementing 42% reservations for OBCs in local body elections. “In view of the high court’s interim order staying the government order (GO) in this regard, the state government is contemplating filing an appeal before the Supreme Court,” he told reporters on Saturday.

He said there was no question of compromising on OBC reservations in the local bodies. “We shall go to the elections only with 42% quota to the OBCs,” Goud said.

He said the state government had taken the decision on the OBC quota only after a comprehensive caste survey and the report obtained from a dedicated commission. “It is a historic and transparent initiative that provides an authentic socio-economic database to frame welfare policies,” the PCC chief said.

Meanwhile, people familiar with the matter said the State Election Commission (SEC) on Saturday wrote to the state government, seeking a detailed clarification on the status of reservations and the next steps following the high court’s interim orders.

The letter noted that while the high court had stayed the implementation of GO on 42% quota for OBCs in the local body elections, it had not objected to the conduct of local body elections itself.

The SEC maintained that clarity on the reservation issue was essential before proceeding further. “Based on the government’s response, the SEC will take a call on whether to defer the election process or proceed with necessary modifications based on the legal developments,” an official in the SEC said.

The high court in its order of October 9, which was uploaded late on Friday night, issued an interim stay on providing 42% reservations for the OBCs in the local bodies on the ground that the state had failed to adhere to the criteria of 5O% upper ceiling as laid down by the Supreme Court.

The high court, however, said it was staying the process of conduct of local body elections. It said the SEC could go ahead with the elections by notifying proportionate seats as open category seats within the 50% quota fixed by the Supreme Court.

“This would mean the enhanced quota for the OBCs would have to be notified as general category seats and elections can be held accordingly,” the SEC official added.