HC listening to over 42% BC reservations in native our bodies to proceed in the present day

The suspense over conducting native physique polls in Telangana continued with the High Court deciding to listen to the contentions for the second consecutive day on Thursday (October 8) over the writ petitions difficult the 42% reservations for Backward Classes in native our bodies.

The bench of Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin, having heard arguments of the counsels of the petitioners and the federal government for over three hours on Wednesday, declined to cross any particular orders within the matter. The State Election Commission on September 29 issued a notification to conduct polls to the agricultural native our bodies in 5 phases from October 9 to November 11.

The bench, headed by the Chief Justice, deferring the listening to to Thursday, sought to know from Supreme Court senior counsel Abhishek Manu Singhvi, showing for the State, if the Bill handed by the State authorities on March 17, 2025, in accordance 42% reservations to BCs in rural and concrete native our bodies, was notified.

The senior counsel replied that it was deemed to be notified. The CJ mentioned the Bill ought to have been notified in an extra-ordinary gazette for most people to know. The senior counsel mentioned the GO No. 9 issued in August was a consequential Act primarily based on the Bill handed by the legislature in March 2025.

The bench mentioned that the presence of numerous BC folks in every native physique could possibly be totally different, however the GO 9 launched 42% reservation uniformly throughout the State. Senior counsel Vivek Reddy mentioned the GO 9 was extremely vires the Constitution. The Statute acknowledged that ‘in recognition of the Supreme Court judgment, the higher ceiling of fifty% reservations shouldn’t be breached.

He contended that the apex court docket within the Krishna Murthy vs Union of India case mentioned 50% reservations of the mixture seats can’t be exceeded besides within the case of Scheduled Tribes in scheduled company areas. The senior counsel argued that, as per the apex court docket course, a Triple Test needed to be adopted earlier than revamping reservations to BCs.

The Telangana authorities had constituted a B.C. Commission and submitted a report back to the federal government, and the identical was accepted. But the Commission ought to publish the information, it have to be examined and have to be notified, the senior counsel mentioned, arguing the identical process was not adopted by the Telangana authorities. The one-man fee report was by no means revealed.

Senior counsel Mayur Reddy, showing for one more petitioner, mentioned that the State authorities relied on the inhabitants of BCs primarily based on the 2021 census and enhanced reservations for them. But the identical authorities relied on the census of 2011 whereas contemplating reservations for Scheduled Castes and Scheduled Tribes. This was not honest, he argued.