The Telangana High Court on Thursday issued an interim order staying a Government Order providing 42 per cent reservation to the Backward Classes in local bodies.
With the stay order, the upcoming elections for Mandal Parishad Territorial Constituency (MPTC) and Zilla Parishad Territorial Constituency (ZPTC) seats and Panchayats are likely to come to a halt as the poll notification was based on the enhanced quota to BCs.
A division bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin, which heard a batch of petitions challenging the state government's order that increased the BC quota, directed the government to file its reply in four weeks.
"Four weeks' time is allowed for the state (government) to file a counter affidavit. Two weeks time thereafter is allowed to the petitioners to file a reply if so advised. In the meantime, there shall be an interim stay of the impugned notification," the CJ said.
The argument presented by the counsels for the petitioners is that the Government Order (GO) breaches the 50 per cent upper ceiling on total reservations.
K Vivek Reddy, senior counsel leading the petitioners, argued that the state government's order exceeds the 50 per cent limit imposed by the Supreme Court for political reservations. There is no exception for backward classes. The GO also violates the Triple Test laid down by the Supreme court.
With the government enhancing the reservations for BCs from 24 per cent to 42 per cent (including 15 per cent to SCs, 10 per cent to STs), the total percentage of reservation rose to 67 per cent.
As per the notification issued by the Telangana State Election Commission, nominations can be filed for the first phase of the MPTC and ZPTC polls from today while polling would be held on October 23.
Counting of votes for all the phases will be taken up on November 11.
Notification for the second phase was scheduled to be issued on October 13 and polling would be held on October 27.
The Commission on September 29 announced a five-phased schedule for elections to the rural local bodies to be held between October and November.
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With the stay order, the upcoming elections for Mandal Parishad Territorial Constituency (MPTC) and Zilla Parishad Territorial Constituency (ZPTC) seats and Panchayats are likely to come to a halt as the poll notification was based on the enhanced quota to BCs.
A division bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin, which heard a batch of petitions challenging the state government's order that increased the BC quota, directed the government to file its reply in four weeks.
"Four weeks' time is allowed for the state (government) to file a counter affidavit. Two weeks time thereafter is allowed to the petitioners to file a reply if so advised. In the meantime, there shall be an interim stay of the impugned notification," the CJ said.
The argument presented by the counsels for the petitioners is that the Government Order (GO) breaches the 50 per cent upper ceiling on total reservations.
K Vivek Reddy, senior counsel leading the petitioners, argued that the state government's order exceeds the 50 per cent limit imposed by the Supreme Court for political reservations. There is no exception for backward classes. The GO also violates the Triple Test laid down by the Supreme court.
With the government enhancing the reservations for BCs from 24 per cent to 42 per cent (including 15 per cent to SCs, 10 per cent to STs), the total percentage of reservation rose to 67 per cent.
As per the notification issued by the Telangana State Election Commission, nominations can be filed for the first phase of the MPTC and ZPTC polls from today while polling would be held on October 23.
Counting of votes for all the phases will be taken up on November 11.
Notification for the second phase was scheduled to be issued on October 13 and polling would be held on October 27.
The Commission on September 29 announced a five-phased schedule for elections to the rural local bodies to be held between October and November.
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