Telangana HC stays GO 9 granting 42% BC quota in local body polls

Hyderabad: In a major setback to the Telangana government, the State High Court on Thursday stayed the Government Order (GO) that granted 42 per cent reservation for Backward Classes (BCs) in local bodies across the state.

The court also suspended the notification for rural local body elections, effectively putting the entire electoral process on hold.

Interim stay on GO and Poll Notification

A division bench headed by Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin issued an interim stay after hearing petitions that challenged the validity of the government’s decision.

The bench directed the State Government and the State Election Commission (SEC) to file detailed counter affidavits within four weeks, while giving the petitioners two weeks thereafter to submit their rejoinders.

The matter has been adjourned for six weeks for further hearing.

Court flags breach of 50% ceiling

The petitions, filed by B. Madhava Reddy and S. Ramesh, contended that the GO violates the Supreme Court’s Indra Sawhney judgment, which restricts total reservations to 50 per cent.

They pointed out that by enhancing BC reservations from 25 per cent to 42 per cent, and retaining 15 per cent for Scheduled Castes and 10 per cent for Scheduled Tribes, the total reservations climbed to 67 per cent, breaching the constitutional limit.

“The move undermines the Supreme Court’s cap on reservations and is legally untenable,” the petitioners argued.

Government defends Quota Expansion

Defending the GO, Advocate General A Sudarshan Reddy told the bench that the state had already amended Section 285-A of the Panchayat Raj Act to legally enhance the BC quota.

However, the petitioners’ counsel countered that the amendment bills passed by the Telangana Assembly were yet to receive Governor Jishnu Dev Varma’s assent, and hence, could not be implemented.

The bench took note of this contention and sought clarity on the legislative process.

Political leaders back BC Quota

The case has also drawn attention from several political quarters. CPI MLA K. Sambasiva Rao, BJP MP R. Krishnaiah, Congress leaders Charan Kaushik and Indira Shobhan have filed petitions supporting the government’s decision.

Senior Congress leader V. Hanumanth Rao, former IAS officer Chiranjeevulu, Telangana Fisheries Corporation chairman Mettu Sai Kumar, and TPCC member R. Laxman Yadav also moved the court seeking to implead in favour of the enhanced quota for BCs.

Poll process in Limbo

The State Election Commission, which had issued the first-phase notification for rural local body polls earlier on Thursday, will now review the High Court’s order before taking any further steps.

The stay order has effectively stalled the election process, and the SEC is expected to issue a statement after examining the legal implications.

Next hearing after six weeks

The High Court’s interim stay has put both the reservation policy and the local body election schedule on hold.

Further proceedings will take place after six weeks, once the state and SEC submit their affidavits and the petitioners file their responses.