‘Was sufficient mind applied?’: Telangana HC stays 42% BC reservation in local bodies

The state government had intended to implement the reservation in the upcoming local body elections scheduled to be held in multiple phases during October and November this year.
Telangana High Court
Telangana High CourtIANS
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The Telangana High Court on Thursday, October 9, issued a stay on the government’s move to implement 42% reservation for Backward Classes (BCs) in local body elections. 

On September 26, the Congress government in Telangana, through Government Order (GO) MS Number 9, had increased the reservation for BCs in local body elections from 25% to 42%. The state government had intended to implement the reservation in the upcoming local body elections scheduled to be held in multiple phases during October and November this year.

A batch of petitions was filed challenging the GO, with the petitioners arguing that raising the BC quota to 42% would push the total reservation in the state to 67%, thereby exceeding the 50% ceiling.

During the hearing, the High Court questioned whether the state government and the BC Commission had exercised “sufficient application of mind” while collecting data and issuing the order. According to The Indian Express, the court asked, “After the data is published and the commission submits a report, is there not a requirement to invite objections and consider them before finalising the decision?”

The court directed the Telangana government to file its counter affidavit within four weeks and allowed the petitioners two additional weeks to submit their objections. The case will be heard again after six weeks, Deccan Chronicle reported.

Issuing interim orders, the court suspended the GO until further notice. The stay came after two days of detailed arguments over the legality and proportionality of the enhanced BC quota in local body elections.

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