Rama Krishna Sangem
Supreme Court on October 16, Thursday, rejected the special leave petition filed by the Revanth Redfdy led Congress government on vacating the stay of High Court on the 42 per cent reservations to BCs in local bodies elections. The SC bench which heard the petition of Telangana refused to hear further as the case is already before the HC in Hyderabad. On the other hand, the apex court of India suggested the State government that it can go ahead with the elections as per the old reservation quota – of 28 per cent to BCs.
This is almost sealed the hopes of CM Revanth Reddy led government to enhance BCs quota in the local bodies elections as per the election promise of Congress party before the 2023 assembly polls. As per the existing Act of Panchayat Raj, BCs are provided only 28 per cent quota but the Congress has promised to raise it in proportion to their population. The government has made several attempts to raise the quota: First appointed a dedicated commission to find out the actual population of backward classes (BCs).
The commission’s survey revealed that there are about 57.6 per cent of BCs in the state population. However, the government fixed 42 per cent quota for them. This is in addition to SC’s quota of 15 per cent and STs quota of 10 per cent, totalling 66 per cent. Interestingly, both the SC and the HC have pointed out to a 1992 judgment of the top court in Indra Sahani vs Union of India case in which it was laid down that the total reservations shall not exceed 50 per cent in any case. There was heated debates on both sides of the case in both SC and HC.
Poll process stalled on Oct 9
Telangana’s State Election Commission (SEC) which holds the local polls issued notification for the same on October 9 at 10.30 am. But, the HC granted stay on the BC quota GOs (Government Orders 9, 41, 42) after its hearing the case same day at 3 pm. With the SEC stalled the process and lifted the election code in the State. The HC has posted the case to the late November by then all the parties are asked to file their arguments through counters.
Now the Revanth government has no other option but to wait till November last week when the HC takes up the case again. Till then, local bodies elections will put on hold. It is to be seen if the government agrees to the old quota of 28 per cent to the BCs or explores other options. This is a sort of shocker to the Congress government while Opposition BRS and BJP will naturally try to attack the government for its failure to implement its poll promises of 42 per cent quota to BCs.
