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New Delhi, Oct 16 (IANS) In a blow to the Telangana government, the Supreme Court on Thursday refused to interfere with the interim stay granted by the Telangana High Court on the Government Order (GO) providing 42 per cent reservation for Backward Classes (BCs) in local bodies across the state.
A bench of Justices Vikram Nath and Sandeep Mehta made it clear that the Telangana High Court should continue to hear petitions challenging the BC quota on merits, irrespective of the dismissal of the state government’s Special Leave Petition (SLP).
On October 9, the Telangana High Court stayed the operation of the disputed GO until further orders and also stayed the notification of local body elections in the state.
A division bench of Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin posted the matter for further hearing after six weeks and, meanwhile, directed the state government and the State Election Commission to file comprehensive counter affidavits within four weeks.
The petitioners challenged the validity of the GO on the grounds that it violates the Supreme Court judgment in the Indra Sawhney case, which had limited vertical reservation to 50 per cent.
He argued that with the existing SC and ST quotas of 15 per cent and 10 per cent, the total reservation is now more than 67 per cent. On the other hand, Advocate General A. Sudarshan Reddy submitted that the Telangana government has already amended Section 285-A of the Panchayat Raj Act to increase the BC quota.
Last week, the Supreme Court refused to entertain a plea challenging the Telangana government’s decision to increase reservation for Backward Classes (BCs) in local bodies to 42 per cent. This raised questions about the petitioner filing the writ petition before the top court even though the Telangana High Court is scheduled to hear similar petitions on October 8.
“If the (Telangana) High Court does not grant stay, does it mean you will come here under Article 32?” The bench led by Justice Nath had made the comment. Realizing the reluctance of the apex court to entertain the petition, the petitioner party sought permission to withdraw the writ petition with liberty to approach the Telangana High Court.
–IANS
PDS/DPB