‘Poll process not stayed’: what Telangana HC said in its order staying BC quota, and why it greenlit local body elections

The division bench of Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin directed the state government to file a counter-affidavit to the petitions within four weeks and granted two weeks to the petitioners to file their replies. The final decision on the legality of the 42 per cent quota will be made after hearing all detailed arguments.

However, following Thursday’s interim stay, the SEC suspended the entire election process for all rural local bodies, including gram panchayats, Mandal Parishad and Zilla Parishad territorial constituencies (MPTCs and ZPTCs), until further notice.

With the enhancement of BC reservation from 25 per cent to 42 per cent, the overall extent of reservation reaches 67 per cent, which breaches the 50 per cent ceiling limit, contravening the Supreme Court’s mandate in various landmark judgments.

Non-compliance with ‘triple test’

The court relied on the Vikas Kishanrao Gawali judgment, rendered specifically in case of reservation in local bodies, where the apex court laid down that the triple test is mandatorily to be complied with for reservation of seats in local bodies for OBC candidates. This mandates setting up a dedicated commission to conduct a rigorous empirical inquiry into the nature and implications of backwardness, specifying the proportion of reservation required in light of the Commission’s recommendations, and finally ensuring that the reservation does not exceed the 50 per cent ceiling.

In this regard, the bench said it is of the prima facie view that “the state failed to adhere to the criteria of 50% upper ceiling as laid down by the Supreme Court in Vikas Kishanrao Gawali (supra) by issuance of G.O.Ms.Nos.9, dated 26.09.2025, whereby 42% reservation has been provided to the OBCs in the local bodies, thereby breaching the ceiling of 50 per cent to a total of 67% reservation in local bodies.”

Process of election conduct not stayed

With regard to arguments that rely upon provisions of Article 243-O of the Constitution of India that since the elections were notified on September 29, this court should not interfere in its process, the bench observed, “…the process of conduct of election is not being stayed by this Court. The G.O.Ms.No.9, dated 26.09.2025, which increased the percentage of reservation to OBCs to 42% and the consequential G.O.Ms.Nos.41 and 42, dated 26.09.2025, are being stayed, till the matter is finally decided.”

Notify proportionate seats as open category

The court referred to observations of the Supreme Court in the interim order dated January 19, 2022, passed in the case of Rahul Ramesh Wagh. In it, the top court observed that in case the state or Union territory is not in a position to fulfil the triple test requirement and the election to any of its local bodies that cannot be postponed beyond the statutory period, the concerned SEC ought to notify proportionate seats as open category seats and proceed with the elections of the local bodies.

“Therefore, following the directions of the apex court in the case of Rahul Ramesh Wagh (supra), since the impugned notification providing reservation up to 42% has been stayed by this Court, the State Election Commission would notify the proportionate seats as open category seats and proceed with the elections of the local bodies.”

To avoid ‘irreversible consequence’

The high court bench took into consideration the observations made by the apex court in Vikas Kishanrao Gawali (supra), and said the election of OBC candidates were declared as “non est in law (invalid/null)”, subject to the outcome of the writ petitions, and the vacancy of seats caused on account of this declaration be forthwith filled up by the SEC with general or open candidates for the remainder term of the local bodies concerned, by issuing a notification.

“In order to avoid such an irreversible consequence, it is therefore proper to stay the impugned G.O.Ms. Nos. 9, 41 and 42, dated 26.09.2025.” The court refrained from “expressing any opinion on the merits of the contentions” raised by rival parties at the state of interim relief and will deal with them at the time of final hearing.

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