T'gana HC stays govt order on 42 pc BC in local body polls, SEC puts on hold poll notification

Hyderabad, Oct 9 (PTI) The Telangana High Court on Thursday issued an interim stay against a Government Order providing 42 per cent BC reservation in local bodies.

Following the court's stay order, the Telangana State Election Commission issued a statement saying the poll notification issued on September 29 and further activities are being suspended until further notification.

A division bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin, which heard a batch of petitions challenging the Congress government's order that increased the BC quota, directed the government to file its reply in four weeks.

"Four weeks' time is allowed for the state (government) to file a counter affidavit. Two weeks time thereafter is allowed to the petitioners to file a reply if so advised. In the meantime, there shall be an interim stay of the impugned notification," the CJ said.

With the ruling dispensation facing a roadblock in providing the 42 per cent quota to the Backward Classes, Congress sources said the government may approach the Supreme Court seeking vacating of the stay.

The argument presented by the counsels for the petitioners is that the Government Order (GO) breaches the 50 per cent upper ceiling imposed by the Supreme Court on total reservations.

K Vivek Reddy, senior counsel leading the petitioners, argued that the state government's order exceeds the 50 per cent limit imposed by the Supreme Court for political reservations. There is no exception for backward classes. The GO also violates the Triple Test laid down by the Apex Court.

The AP SEC on September 29 announced a five-phased schedule for elections to the rural local bodies to be held between October and November.

After the HC's stay order, BC Welfare Minister Ponnam Prabhakar in a statement said that after receiving a copy of the High Court's interim orders, the future course of action will be announced in accordance with law and judicial procedure.

"We did not expect the High Court to issue a stay order," the minister said.

He further said the state government is committed to the 42 per cent reservation to BCs. Due to the delay in conducting local body elections, funds from the Centre are not being released, he added.

State Congress President Mahesh Kumar Goud in a press conference alleged that BRS and BJP are in cahoots to deprive the BCs of their reservations. He further alleged that it was the BRS party which brought out legislation that capped BC reservations.

BRS Working President K T Rama Rao lashed out at the Congress government, alleging a massive betrayal of the BCs in Telangana under the pretext of providing 42 per cent reservations in local body elections.

Reacting to the High Court's stay on the state government's decision, Rama Rao said the judgment had exposed the Congress' 'deception'.

"For months, they played politics in the name of BC reservations. The GO they issued was legally untenable. (Chief Minister) Revanth Reddy has deceived the BC community and misled the people of Telangana," the BRS leader alleged. PTI GDK VVK VVK SA