LUCKNOW: The Lucknow bench of Allahabad high court directed the UP government and state election commission on Tuesday to hold the urban local body (ULB) elections by January 31 without reservation for backward classes. It said seats reserved for backward classes should be notified as general category for these polls. Later in the day, the state government decided to challenge the HC’s order in the Supreme Court.
The court quashed the UP government’s provisional list of reserved seats for mayors of 17 municipal corporations, chairpersons of 200 municipal councils and 545 nagar panchayats for the polls. The government had sought suggestions/objections within seven days. The HC got 93 petitions challenging the draft order.
The HC observed: “Until the triple test (framed by the Supreme Court in 2010) is completed by the state government, no reservation for backward class of citizens shall be provided and since the term of municipalities has either ended or shall be coming to an end by January 31, 2023, it is directed that the state government and the state election commission shall notify the elections immediately.”
The top court’s triple-test formula involves forming a commission to collect data on economic and educational conditions, nature and impact of backwardness of OBCs in municipal bodies, based on which the government would offer proportional reservation in ULB elections, not exceeding the quota cap of 50%.
“While notifying the elections, the seats and offices of chairpersons of municipalities, except those to be reserved for Scheduled Castes and Scheduled Tribes, shall be notified for the general category and the notification to be issued for elections shall include the reservation for women in terms of the constitutional provisions,” the HC said.
The HC directed that once the dedicated commission is constituted, the claim of transgender people for their inclusion in the OBC category should be considered. It also set aside a December 12 notification of the state government whereby it had made an arrangement of appointing committees to administer the municipalities whose term was likely to end by January 31.
The court quashed the UP government’s provisional list of reserved seats for mayors of 17 municipal corporations, chairpersons of 200 municipal councils and 545 nagar panchayats for the polls. The government had sought suggestions/objections within seven days. The HC got 93 petitions challenging the draft order.
The HC observed: “Until the triple test (framed by the Supreme Court in 2010) is completed by the state government, no reservation for backward class of citizens shall be provided and since the term of municipalities has either ended or shall be coming to an end by January 31, 2023, it is directed that the state government and the state election commission shall notify the elections immediately.”
The top court’s triple-test formula involves forming a commission to collect data on economic and educational conditions, nature and impact of backwardness of OBCs in municipal bodies, based on which the government would offer proportional reservation in ULB elections, not exceeding the quota cap of 50%.
“While notifying the elections, the seats and offices of chairpersons of municipalities, except those to be reserved for Scheduled Castes and Scheduled Tribes, shall be notified for the general category and the notification to be issued for elections shall include the reservation for women in terms of the constitutional provisions,” the HC said.
The HC directed that once the dedicated commission is constituted, the claim of transgender people for their inclusion in the OBC category should be considered. It also set aside a December 12 notification of the state government whereby it had made an arrangement of appointing committees to administer the municipalities whose term was likely to end by January 31.