News Brief

Uttar Pradesh: Allahabad HC Quashes Proposal To Provide For OBC Reservations In Upcoming ULB Polls; 'Will Approach SC' Says State Urban Development Minister A K Sharma

Swarajya Staff

Dec 27, 2022, 04:22 PM | Updated 04:24 PM IST

Allahabad High Court.
Allahabad High Court.

The Allahabad High Court has quashed the Uttar Pradesh government's proposal to provide for OBC reservations in upcoming Urban Local Bodies (ULB) polls quota issue today (27 December).

The issue revolves around a 5 December notification issued by the Uttar Pradesh State Election Commission (SEC), whereby it is alleged that the criteria laid down by the Supreme Court on Other Backward Classes (OBC) quota is not being followed.

The court has said that the proposal does not fulfill the 'Triple Test' criteria as laid down by the Supreme Court in the Vikas Gawali case, which pertains to provisions for OBC quotas in Maharashtra local bodies.

The court has further directed the SEC to immediately notify urban local body polls, and include reservations for women, as per Constitutional provisions.

The state has also been directed to consider inclusion of transgenders among backward class of citizens.

The 'Triple Test' formula lays down three conditions for allocation of reservations to OBC in local body elections:

  1. Setting up a dedicated commission to conduct a rigorous inquiry into nature and implications of backwardness.

  2. Statutorily providing for proportionate reservations to OBCs.

  3. Aggregate reservations for SC/ST/OBC not exceeding 50 per cent of the total seats.

The Uttar Pradesh government notification reserved 4 out of 17 mayor seats for OBCs, but the court noted that the government did not constitute any commission to determine the political backwardness of OBCs for local bodies.

'The UP government will approach Supreme Court against High Court order allowing ULB elections without OBC reservation,' said state Urban Development Minister A K Sharma.

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