Telangana High Court order allows State to proceed with local body polls; Stay on government orders on 42 percent reservation
Telangana High Court allows State Election Commission to conduct local body elections under existing reservation rules, staying GOs increasing BC quota to 42%. The court directs proportional seats as open category and sets timelines for counter and reply affidavits.
Hyderabad: A detailed copy of the Telangana High Court‘s order on October 9, which was made available late on Friday, has made it clear that the State Election Commission can proceed with local body elections in the State, albeit as per the existing reservation pattern, with the court ordering an interim stay Government Orders (GOs) 9, 41, and 42, which had provided for 42% BC reservations and outlined the election schedule.
The bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin made it clear that reservations for backward classes could not exceed 50 percent as per Supreme Court directives, with the latest orders of the Congress government here enhancing the total reservations for BCs to 67 percent.
In the order, the bench makes it clear that it had not stayed the election process, as the Election Commission’s authority remains intact. The stay was on the implementation of the said GOs, with enhanced reservation to be suspended until the matter was decided.
The order, pointing out the absence of conditions to conduct the triple test for determining BC reservations, asks the Telangana State Election Commission to notify the proportional seats as open category and conduct elections to the long-pending local bodies in Telangana.
The bench said it was of the prima facie view that the State had failed to adhere to the criteria of 50 percent upper ceiling as laid down by the Supreme Court in ‘Vikas Kishanrao Gawali (supra) by issuance of G.O.Ms.Nos.9, dated 26.09.2025, whereby 42 percent reservation has been provided to the OBCs in the local bodies, thereby breaching the ceiling of 50 percent to a total of 67 percent reservation in local bodies.
“Arguments have also been advanced relying upon the provisions of Article 243-O of the Constitution of India that since the elections have been notified on 29.09.2025, this Court should not interfere in the process of election. In this regard, we may observe that the process of conduct of election is not being stayed by this Court. The G.O.Ms.No.9, dated 26.09.2025, which increased the percentage of reservation to OBCs to 42% and the consequential G.O.Ms.Nos.41 and 42, dated 26.09.2025, are being stayed, till the matter is finally decided,” the bench said.
“We are further strengthened by the observations of the Hon’ble Supreme Court in its interim order dated 19.01.2022 passed in the case of Rahul Ramesh Wagh (supra) quoted above, wherein the Hon’ble Supreme Court observed that in case, the State or the Union Territory is not in a position to fulfil the triple test requirement and the election to any of its local body cannot be postponed beyond the statutory period, the concerned State Election Commission ought to notify proportionate seats as open category seats and proceed with the elections of the local bodies.
Therefore, following the directions of the apex Court in the case of Rahul Ramesh Wagh (supra), since the impugned notification providing reservation up to 42% has been stayed by this Court, the State Election Commission would notify the proportionate seats as open category seats and proceed with the elections of the local bodies.,” the bench concluded.
The High Court has allowed four weeks to the State to file the counter affidavit. Two weeks thereafter, was allowed to the petitioners to file reply affidavits, with the writ petitions posted for the next hearing on December 3.
