New Delhi, October 5 (IANS) A petition has been filed before the Supreme Court challenging a government order issued by Telangana, which has increased reservation for backward classes (BCS) in local bodies.
According to the reason published on the Apex Court website, a bench of Justices Vikram Nath and Sandeep Mehta will raise the case for hearing on 6 October.
A petition filed through Advocate Somiran Sharma under Article 32 of the Constitution said that the move broke 50 percent sealing set by the decisions of the apex court that controlled reservation in local bodies.
The petition challenged Go Ms. No. 09 on 26 September, stating that the existing SC and ST quota with 15 percent and 10 percent, the total reservation is now more than 67 percent.
It has been reported that Section 285A of Telangana Panchayat Raj Act, 2018, clearly K. In the case of Krishna Murthy vs India, the Constitution bench operates 50 percent sealing with the ruling.
“Despite this statutory bar, the defendant state has sought to implement the impused government order, with the constitution as well as the ultra virus along with the constitution,” said Dalil.
Of. Referring to the decision of the apex court in the Krishna Murti case, the petition stated that “the upper roof of 50 percent vertical reservation in favor of SCS/STS/OBC should not be dissolved in terms of local self-government. Exceptions can only be made to protect the interests of scheduled areas”.
The argument alleged that the Telangana government Vikas Kishanrao has failed to follow the “Triple Test” set by the Supreme Court in the state of Maharashtra, saying that any OBC reservation in local bodies should be before a dedicated commission before a rigorous employee interrogation before a dedicated commission; Local body-wise specification of reservation depending on that data; And a roof ensuring total reservation for SCS, STS and OBCs does not exceed 50 percent.
It also questioned the state government’s decision, indicating that the increase was based on the “report of a person commission” that “neither was placed in a public domain nor a debate in the legislature, nor does it meet the need for a rigorous contemporary empirical investigation”.
“The dependence on the Articles 243D (6) and 243T (6) of the Constitution of the Telangana government is completely incorrect. While those provisions empower the State Legislature to reservation for backward classes in local bodies, competent power is subject to constitutional boundaries, including a roof of 50 percent judicially,” said the argument.
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