Rama Krishna Sangem
The Telangana High Court on October 8, Wednesday handed over a big relief to Revanth Reddy led Congress government to go ahead with 42 per cent reservations to BC in the local bodies elections. The relief came not directly but indirectly as the court hasn’t stayed or stall the poll process that begins tomorrow – October 9 with the issuing of schedule at 10.30 am. That means, the election process officially begins and the electoral machinery commences its work.
Once the election process starts, it would be difficult for the courts to stop it. That means, the HC will hear all the petitions – both for and against – but the process of elections will be completed as per the schedule. So, results will be declared by November 11 for the ZPTC, MPTC and gram panchayats. The State Election Commission that holds these polls declares results with 42 per cent reservations for BCs, they all will be elected public representatives.
Even if the HC gives negative judgment, they will go to the Supreme Court where the case will take its own time. No immediate and summary ruling is expected in this case. I am not saying that the HC has already approved 42 per cent BC quota in Telangana local polls, but not stopping the poll process, the court has indirectly allowed that the process can be continued. This is a sort of moral or political victory for the Revanth Reddy government.
HC not granted stay
Some petitioners opposing the quota asked for a stay on the election schedule on October 9. But, the court hasn’t considered it. But, agreed to hear close to 50-60 petitions in the case from 2.15 pm on October 9. The hearing may take some more time. There are no indications that the poll process will be halted at this stage. A hint of this direction in the mind of the courts came when the Supreme Court last week refused to intervene on technical grounds to stay a GO on the Telangana local bodies 42 per cent quota.
Indira Sawhney case ruling almost irrelevant
Opponents of 42 per cent quota for BCs say that it goes against to the spirit of the earlier judgment of Supreme Court in the Indira Sawhney case in 1992. In that judgment, the SC said that the reservations cannot cross 50 per cent limit. That ruling of 32 years old came at a time when emotions were high in the country following the Mandal Commission report for OBCs. To overcome the judgment, then Jayalalithaa government in Tamil Nadu ensured its 69 per cent reservations Act included in the 9th schedule of the Constitution.
If a law is included in the 9th Schedule, the courts cannot reopen that issue. But, in the case of Telangana BC quota case, there is 9th schedule, no approval of its Bill passed in the assembly no ordinance that is still pending with the Governor. By simply issuing a GO, the government raised the BC reservations from 28 to 42 per cent in local polls. Till now, the government’s strategy worked well and the poll process is beginning in a few hours.
I am not saying that the Congress government has won the case or that there is no threat of the HC cancelling or staying the issue in the next few days. To be sure, the entire process of elections, even after the declaration of results, too can be cancelled. The legal scrutiny is still on and long. But, I think, the government is able to start the election process with 42 per cent reservations to BCs. This itself is a big relief to the government and we must not undermine its political significance.