4 Jan 2023

Supreme Court Stays HC Order To Hold Uttar Pradesh Municipal Corporation Elections Without OBC Reservation

New Delhi: The Supreme Court has put a stay on the Allahabad High Court's decision to hold Uttar Pradesh Municipal Corporation elections without OBC reservation. The Supreme Court has allowed the UP government to postpone the civic elections for three months. During this three months, the commission set up for backward classes will file its report. No major policy decision will be taken during this time.
The UP government had filed a petition seeking a stay on the Allahabad High Court's order to hold elections without reservation. Solicitor General Tushar Mehta appeared on behalf of the government. In the hearing held on January 2, Mehta presented the government's side before the SC. He said that the government has constituted the OBC commission. Election should be conducted only after the report of the Commission is received.

HC had said –UP govt should conduct the civic polls immediately

Rae Bareli's social worker Vaibhav Pandey had filed a PIL in the High Court. He said that the UP government is giving OBC reservation in the municipal elections without any survey or report of the commission.
After this, on behalf of the UP government, it was said in the court that in the case of local body elections, the survey of OBCs conducted in 2017 should be considered as the basis of reservation. The government said that this survey should be considered as a triple test.
Rejecting the arguments of the government, the High Court said that the civic body elections should be held at the earliest without OBC reservation.

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