U.P. Urban local body elections: HC extends stay restraining EC from issuing poll notification

Despite the start of winter vacations from Saturday, the High Court will hear the matter on Saturday.

“Looking into the seriousness and urgency of the matter, the court on Friday posted the matter for tomorrow, on the day of vacation. The interim stay passed earlier will continue on the matter,” said Additional Advocate General Vinod Kumar Shahi. 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 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.

They further argued that Supreme Court directed that in case such an exercise cannot be completed before issuing the election schedule, the seats, except those reserved for the scheduled castes and scheduled tribes, must be notified for the general category.

But by inclusion of certain seats shown to be reserved for OBCs in its December 5 notification — though a tentative draft order — it is clear that state government is going to provide reservation to the OBCs as well without following the mandate of the Supreme Court, the petitioners argued, adding the triple-test formality has not been completed in the state till date.