Telangana High Court refuses to stay Ordinance restricting reservation in panchayat polls to 50 per cent

HYDERABAD: Paving the way for gram panchayat elections scheduled to take place this month-end, a Division Bench of the Telangana High Court on Thursday made it clear that it would not stay the polls and refused to intervene in the issue as election notification had already been served. The Bench, however, said it would look into the validity of the Ordinance issued by the State government amending the Telangana Panchayat Raj Act, 2018.

While admitting petitions challenging the Ordinance to implement an upper ceiling of 50 per cent on reservations for SCs, STs and BCs in the forthcoming Panchayat elections, the Bench comprising Chief Justice TBN Radhakrishnan and Justice A Rajasheker Reddy directed the State government to file a counter affidavit in four weeks. The Bench was dealing with petitions filed by Telangana BC Mahajana Samithi and Telangana Backward Classes Welfare Association.

Senior counsel appearing for BC Mahajana Samithi KG Krishna Murthy said it was earlier decided to provide 34 per cent reservation to BCs based on information provided by the Finance and Statistics Department. Enumeration of BC population and objections should have been invited before 15 days of issuance of election notification. Under Article 243(D) of the Constitution, the State government has no obstacle in providing reservation for BCs in panchayat elections, he added.

Intervening, the Bench said there was no Constitutional compulsion on the State to provide reservations, but States were allowed to provide such reservations. Continuing his arguments, the senior counsel said the government had earlier provided 34 per cent reservations as per Panchayat Raj Act, but now reduced the percentage through an Ordinance by citing the Supreme Court judgment imposing 50 per cent ceiling on reservations to SCs, STs and BCs. The apex court had later relaxed its insistence on a 50 per cent ceiling, and based on that the government had conducted elections in 2013 providing 34 percent reservation to BCs, he noted.