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Explained: Why courts keep striking down OBC reservation in local polls
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Explained: Why courts keep striking down OBC reservation in local polls Launching on 10th Jan! What makes iQOO 11 5G one of the most powerful and quick smartphones in India Barring 75, remaining Vande Bharat trains will have sleepers Communication creates misunderstanding between the Pakistan and India chapter of World Punjabi Congress
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- The Lucknow bench of the Allahabad High
Court on Tuesday quashed the state government's draft notification on urban local body elections and ordered that the polls be held without reservation for OBCs. - The
Uttar Pradesh government on December 5 had issued a draft notification for reservation of Other Backward Classes (OBCs) in urban local body elections.
- The verdict comes on the back of PILs challenging the state's
OBC reservation draft, which alleged that it was prepared without following the "triple test" formula prescribed by theSupreme Court . - On Tuesday, the Court said that OBC reservation in local body polls cannot be provided until conditions mandated in the "triple test" are complied with.
- The Supreme Court has stressed since 2010 that OBC quota in elections should be backed by empirical data, unlike reservations that apply in education and employment.
- While deciding on the legality of OBC reservations in Maharashtra local body elections in March 2021, the Supreme Court set out a three-layered test - also called triple test - that state governments have to follow to provide reservations.
- First, they must set up a dedicated commission to examine backwardness in local bodies. Second, they must determine the size of the quota for communities on the basis of data collected by the commission. Third, these reservations, combined with the
Scheduled Castes and Scheduled Tribes quotas, cannot exceed 50% of the total seats in the local body.
- In 2021, OBC reservations in local bodies were set aside in Odisha and
Madhya Pradesh too on similar grounds by courts. Earlier this year, the Karnataka and Patna high courts have set aside notifications reserving seats for OBCs in municipal elections in Bengaluru and Bihar. - In May this year, the top court, however, allowed local body polls with OBC reservation in Madhya Pradesh after it proved compliance to the triple test formula.
- Uttar Pradesh CM
Yogi Adityanath on Tuesday said that urban civic body elections will be held in the state only after reservation is provided to OBC for which his government will set up a commission and added that, if necessary, the state government will approach the Supreme Court. - Soon after the verdict, Adityanath took to Twitter to announce that the state government "will set up a commission for urban body general elections and provide reservation facilities to other backward class citizens on the basis of a triple test".
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