In big relief for Yogi govt, SC stays HC order allowing local body elections without OBC quota

The state appeal further said that the high court's direction to conduct the local body polls without providing proposed reservation for OBCs violates the constitutional guarantees available to backward classes.

New Delhi, Jan 04: In big relief to Yogi Adityanath government, the Supreme Court on Wednesday stayed the Allahabad High Court order directing the Uttar Pradesh to hold urban local body polls without reservation for the OBCs.

A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha took note of the submissions of Solicitor General Tushar Mehta, appearing for the state government, and directed that a panel appointed by the state government will have to decide the OBC quota related issues for the local bodies poll by March 31, 2023.

The top court permitted the state government to appoint administrators to run the affairs of the local bodies after the expiry of the tenure of the elected representatives.

It, however, said the administrators will not be empowered to take major policy decisions.

The top court had earlier agreed to hear the Uttar Pradesh government's appeal challenging the high court order quashing its draft notification on urban local body elections and directing it to hold the polls without reservation for other backward classes.

The Lucknow bench of the high court had ordered that the state government notify the polls "immediately" as the term of several municipalities would end by January 31, while annulling the December 5 draft notification.

The court had directed the state election commission to hold the elections by January 31 after transferring the OBC seats in the draft notification to the general category.

The high court had held that the state government failed to fulfill the 'Triple Test' formality laid down by Supreme Court as prescribed in the case of "Vikas Kishanrao Gawali vs State of Maharashtra & Ors. LL 2021 SC 13" to determine the political backwardness of OBCs.

Welcoming the court order, Yogi Adityanath posted, "the Government of Uttar Pradesh will cooperate in the completion of civic elections by implementing OBC reservation within the time limit given by the Supreme Court."