Telangana High Court Adjourns Hearing on 42% BC Reservations to Thursday Afternoon
The Telangana High Court on Wednesday adjourned the hearing on the issue of 42 percent reservations to Backward Classes (BCs) in local body elections to Thursday at 2.15 pm.
Hyderabad: The Telangana High Court on Wednesday adjourned the hearing on the issue of 42 percent reservations to Backward Classes (BCs) in local body elections to Thursday at 2.15 pm. As the court did not stay the election process, the State Election Commission (SEC) is scheduled to release the official notification for the polls on Thursday.
The state government had issued GO No.9 providing 42 percent reservation for BCs in local body elections. The move was challenged by Buttembari Madhav Reddy and Samudrala Ramesh, who filed petitions questioning the legality of the GO. Meanwhile, BC Welfare Association leader R. Krishnaiah, Congress leader V. Hanumantha Rao, and several other BC leaders have filed implead petitions in support of the reservations.
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When the matter came up for hearing before a division bench headed by Chief Justice A.K. Singh, the petitioners’ counsels argued that even if the government intended to enhance reservations, the total should not exceed 50 percent, as stipulated by the Supreme Court. They contended that the ceiling applies to all categories except for Scheduled Tribes (STs) in agency areas. They further pointed out that while the state had conducted a BC caste census, the data had not been disclosed. They questioned how 42 percent BC reservations could be justified without considering the population of SCs and STs, reminding the bench that the same court had earlier struck down 34 percent BC reservations in 2018.
Appearing for the state government, senior Supreme Court advocate Abhishek Manu Singhvi argued that the Governors were stalling laws passed by the elected legislatures, thereby paralyzing the governance. He said that the Telangana Governor had not acted on the BC reservation bill for the last several months, nor had it been returned to the Assembly. “How can laws made by elected assemblies remain unapproved?” he questioned, citing a similar case in Tamil Nadu where a bill had been pending with the Governor for five years.
Singhvi informed the bench that the election schedule has already been released, and as per the established legal precedents, the courts should not interfere once the election process has begun.
He accused the Governors of ‘misusing Article 200’ of the Constitution, and this delay was preventing the governments from fulfilling people’s aspirations. He urged the court not to grant a stay on the GO and stated that it was issued after a comprehensive study. He requested that the court decide on GO No. 9 only after hearing complete arguments from both sides.
After hearing the submissions, the bench adjourned the case hearing to Thursday. The bench did not consider the petitioners’ plea to stay the issuance of the election notification.
