The state further submitted before the court that the earlier commission’s report was not made public, as “it did not align with constitutional requirements”.
THE GUJARAT High Court (HC) refused to stay the coming elections to local self-government bodies across the state, including 16 Municipal Corporations, 86 Municipalities, 34 District Panchayats, and 261 Taluka Panchayats, while hearing a PIL challenging the constitutional validity of the Gujarat Local Authorities Laws (Amendment) Act, 2023.
The Division Bench of Chief Justice Sunita Agrawal and Justice DN Ray, on Friday, declined the plea to stay the coming polls while hearing a petition filed by Pathuji Thakor, through advocate HK Rawal, contending that the Gujarat Local Authorities Laws (Amendment) Act, 2023, which provides for a uniform 27 per cent reservation for Other Backward Classes (OBCs) in local bodies across Gujarat, was in violation of the principles laid down by the Supreme Court of India.
The petitioner argued that the state government introduced the amendment without implementing the recommendations of the report dated April 13, 2023, submitted by a dedicated commission headed by Justice K S Jhaveri. It was contended that such action violates the principles laid down by the Supreme Court of India in landmark judgments including K. Krishna Murthy vs Union of India and Vikas Kishanrao Gawali v. State of Maharashtra, which mandate the compliance of a “triple test” for OBC reservation in local bodies.The “triple test”, as per the petition, includes the Constitution of a dedicated commission to conduct empirical inquiry, Determination of reservation proportion based on local data, and Ensuring total reservation does not exceed 50%. Advocate General Kamal Trivedi with Additional Government Pleader Vinay Vishen opposed the plea, submitting that “periodic elections are a constitutional requirement essential to sustaining grassroot democracy and cannot be stalled.”
The state further submitted before the court that the earlier commission’s report was not made public, as “it did not align with constitutional requirements”. It was also conveyed to the Court that a new dedicated commission, headed by Justice B N Karia has already been constituted through a resolution dated September 4, 2025, and pending the submission of its report, ensuing elections of the local bodies should be allowed to go ahead.
After hearing both sides, the Division Bench rejected the request to stay the elections, permitting that the 27 per cent reservation framework can be implemented to proceed with the coming local body polls. The HC will next hear the case on August 7.
Aditi Raja is an Assistant Editor with The Indian Express, stationed in Vadodara, Gujarat, with over 20 years in the field. She has been reporting from the region of Central Gujarat and Narmada district for this newspaper since 2013, which establishes her as a highly Authoritative and Trustworthy source on regional politics, administration, and critical socio-economic and environmental issues.
Expertise:
Core Authority & Specialization: Her reporting is characterized by a comprehensive grasp of the complex factors shaping Central Gujarat, which comprises a vast tribal population, including:
Politics and Administration: In-depth analysis of dynamics within factions of political parties and how it affects the affairs in the region, visits of national leaders making prominent statements, and government policy decisions impacting the population on ground.
Crucial Regional Projects: She consistently reports on the socio-economic and political impact of infrastructure projects in the region, especially the Statue of Unity, the Sardar Sarovar Project on the Narmada River, the Mumbai-Ahmedabad High Speed Rail bullet train project as well as the National Highway infrastructure.
Social Justice and Human Rights: Her reporting offers deep coverage of sensitive human-interest topics, including gender, crime, and tribal issues. Her reports cover legal proceedings from various district courts as well as the Gujarat High Court (e.g., the Bilkis Bano case remission, POCSO court orders, Public Interest Litigations), the plight of tribal communities, and broader social conflicts (e.g., Kheda flogging case).
Local Impact & Disaster Reporting: Excels in documenting the immediate impact of events on communities, such as the political and civic fallout of the Vadodara floods, the subsequent public anger, and the long-delayed river redevelopment projects, Harni Boat Tragedy, Air India crash, bringing out a blend of stories from the investigations as well as human emotions.
Special Interest Beat: She tracks incidents concerning Non-Resident Gujaratis (NRIs) including crime and legal battles abroad, issues of illegal immigration and deportations, as well as social events connecting the local Gujarati experience to the global diaspora. ... Read More
