OBC quota in U.P. urban local body polls: HC reserves judgment for Dec 27

Despite the start of winter vacations from Saturday, the high court heard the matter on Saturday.

Speaking to The Sunday Express on Saturday, Additional Advocate General Vinod Kumar Shahi said, “The arguments concluded on Saturday, and the order was reserved for December 27.”

Hearing the petitions, the Bench comprising Justice Devendra Kumar Upadhyaya and Justice Saurabh Srivastava had on December 12 restrained the SEC from issuing notification and directed the state government not to make the final order based on the draft order issued by a notification.

The petitions had challenged the notification issued by the state government on December 5 under Section 9-A(5)(3)(B) of the Municipalities Act, 1916, read with Rule 7 of the UP Municipalities (Reservation and Allotment of Seats and Offices) Rules, 1994.

The petitioners alleged that the entire exercise of reservation of seats in the municipalities is being carried out by the state government in “complete derogation and defiance” of the mandate of the Supreme Court in the case of Suresh Mahajan vs State of Madhya Pradesh.

The petitioners submitted that the Supreme Court clearly mandated the states and Union Territories and their respective Election Commissions that until the triple test formality is completed in all respects by the state government, no reservation for OBCs can be provided.