‘Legally premature’: Telangana HC questions 42% BC quota in upcoming panchayat polls

Hyderabad: The Telangana High Court has raised questions over the State government’s decision to allocate 42 per cent reservations to Backward Classes (BCs) in the upcoming Panchayat elections.

The Division Bench, comprising Justices Abhinand Kumar Shavili and Bollam Vijaysen Reddy, issued notices to key state officials and the State Election Commission while adjourning the matter for further hearing on October 8.

Petitions filed by social activists

The two writ petitions were filed by B Madhav Reddy, a social activist from Medchal-Malkajgiri district and Goreti Venkatesh from Nalgonda. Both challenge GO 9 and the allocation of 42 per cent BC reservations in the forthcoming Panchayat elections.

HC says GO 9 may be too soon

The court observed that GO 9, issued on September 26, allocating 42 per cent BC reservations, may be ‘legally premature’. The amendment to Section 285A of the Panchayat Raj Act, 2018—which would allow total reservations beyond the 50 per cent ceiling—is still pending approval from the Governor.

Justice Shavili told Advocate General A Sudershan Reddy, “As long as Section 285A is pending, how can the government proceed with GO 9 allocating 42 per cent reservations?”

BC commission efforts highlighted

While noting the legal issues, the bench also recognised the State government’s work through the BC commission, which collected empirical data to justify the reservations. The judges cautioned that a stay on GO 9 could render the commission’s efforts futile.

Arguments From petitioners and state

Senior Counsel Mayur Reddy, representing one of the petitioners, argued that the government is exceeding the legal reservation ceiling.

Allocating 42 per cent to BCs, combined with 15 per cent for SCs and 10 per cent for STs, brings total reservations to 67 per cent, which he said goes against legislative intent.

In contrast, Senior Counsel Vidyasagar, representing the State Election Commission, emphasised that elections cannot proceed without the government’s official notification. He noted that the Commission requires 45 days from notification to conduct elections.

Notices issued to top officials

The Division Bench issued notices to the Chief Secretary, Principal Secretaries of BC Welfare, Panchayat Raj, General Administration, Law and Legislative Departments, and the State Election Commissioner. Officials are required to respond by October 8.