Writ petition filed in Supreme Court on GO for 42 percent BC reservations

A writ petition filed in the Supreme Court challenges Telangana’s order granting 42% reservation for Backward Classes in local body elections, alleging violation of the 50% cap on total quotas. Two related petitions are also pending before the High Court.

Hyderabad: A writ petition has been filed in the Supreme Court challenging the Telangana government’s order providing 42 percent reservations for Backward Classes (BCs) in local body elections. The apex court is likely to hear the petition on Monday.

The petition was filed by Vanga Gopal Reddy, a resident of Kothapally in Rajanna Sircilla district, questioning the validity of the government order (GO) issued on September 26. He argued that along with the existing 15 percent reservation for Scheduled Castes (SCs) and 10 percent for Scheduled Tribes (STs), the total reservations now exceed 67 percent, breaching the 50 percent ceiling imposed by the Supreme Court.

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Citing Section 285A of the Telangana Panchayat Raj Act, 2018, Gopal Reddy pointed out that the provision codifies the 50 percent ceiling in line with the Supreme Court’s judgment in the K Krishna Murthy vs Union of India case. Despite this statutory limit, the State government issued the impugned GO, acting in violation of both the Constitution and the law, he contended.

Gopal Reddy said the government’s justification for increasing BC reservations was based on a one-man Commission report. “However, this report was neither placed in the public domain nor debated in the Legislature, nor does it satisfy the requirement of a rigorous contemporaneous empirical enquiry mandated by the Supreme Court,” he argued.

He further maintained that the State’s reliance on Articles 243D(6) and 243T(6) of the Constitution was “wholly misconceived”. While these provisions empower State Legislatures to make reservations for BCs in local bodies, the enabling power remains subject to constitutional limits, including the judicially imposed 50 percent ceiling, he said.

“The State government’s action, if permitted, would not only undermine the rule of law but also cause grave prejudice to citizens like me, who are entitled to contest and participate in local self-government elections on a level playing field,” Gopal Reddy said.

Two petitions filed in High Court as well

Challenging G.O. Ms. No. 9, which enhanced BC reservations to 42 percent, two separate petitions have also been filed in the High Court. After hearing the matter, the High Court issued notices to the respondents and posted the next hearing for October 8.

Meanwhile, the State government has decided to go ahead with the gram panchayat elections. The petitioner pointed out that the election notification could be issued before the hearing concludes.

“Once the election notification is issued, the possibility of securing a stay on the election is greatly diminished. Therefore, instead of approaching the High Court, the writ petition has been filed directly in the Supreme Court,” the petition stated.