A writ petition challenges Telangana’s GO granting 42% BC quota in local body elections, saying it breaches the 50% cap set by the Supreme Court. Hearing on Monday.
New Delhi: A writ petition has been filed in the Supreme Court against the Telangana government’s recent decision to give 42 percent reservation to Backward Classes (BCs) in local body elections. The top court is expected to hear the matter on Monday.
The petition was filed by Vanga Gopal Reddy, a resident of Kothapally in Rajanna Sircilla district. He has challenged the validity of the government order (GO) issued on September 26, which increased the quota for BCs.
According to him, this step is unconstitutional because it pushes the total reservation well beyond the 50 percent cap fixed by the Supreme Court.
Reddy pointed out that there is already 15 percent reservation for Scheduled Castes (SCs) and 10 percent for Scheduled Tribes (STs). By adding 42 percent reservation for BCs, the total quota now crosses 67 percent.
He argued that this goes against Section 285A of the Telangana Panchayat Raj Act, 2018, which clearly mentions that reservations in local body elections cannot exceed 50 percent, in line with the Supreme Court judgment in the K Krishna Murthy vs Union of India case.
Despite this legal restriction, the Telangana government went ahead and issued the order. Reddy claimed the decision was in complete violation of both the Constitution and the law.
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He further questioned the basis of the government’s decision, which relied on the recommendations of a one-man commission.
It said,
“However, this report was neither placed in the public domain nor debated in the Legislature, nor does it satisfy the requirement of a rigorous contemporaneous empirical enquiry mandated by the Supreme Court,”
He also argued that the State government’s interpretation of the Constitution was flawed. The government had relied on Articles 243D(6) and 243T(6), which allow State Legislatures to provide reservations for BCs in local bodies.
But Reddy maintained that these provisions cannot be read in isolation. They are still subject to constitutional limits, including the judicially imposed 50 percent cap.
Reddy said,
“The State government’s action, if permitted, would not only undermine the rule of law but also cause grave prejudice to citizens like me, who are entitled to contest and participate in local self-government elections on a level playing field,”
The issue is not confined to the Supreme Court alone. Two separate petitions have already been filed in the Telangana High Court against the same government order, G.O. Ms. No. 9, which enhanced BC reservations to 42 percent.
The High Court, after hearing the matter, issued notices to the State and other respondents. The next hearing has been scheduled for October 8.
Even as the legal battle continues, the Telangana government has moved forward with preparations for gram panchayat elections. The petitioner expressed concern that the election process may begin before the courts deliver their verdict.
The plea stated,
“Once the election notification is issued, the possibility of securing a stay on the election is greatly diminished. Therefore, instead of approaching the High Court, the writ petition has been filed directly in the Supreme Court,”
The case has now raised a larger constitutional question on whether States can exceed the 50 percent reservation cap in local body polls, and the Supreme Court’s decision is expected to have significant implications for Telangana and other States facing similar demands.
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