VIJAYAWADA: The HC on Tuesday directed the government to file a detailed counter explaining how it proposes to justify 34% reservations for BCs in local body polls, along with data and statistics supporting the quota.
A Bench comprising Chief Justice Lisa Gill and Justice Challa Gunaranjan adjourned the matter to September 2.
Appearing for the State, senior SC counsel Devadatt submitted that there was no rule mandating that reservations must not exceed 50%. He argued that States could provide reservations beyond 50% based on conditions and referred to SC Constitution Bench judgment in the Krishnamurthy case. He said the government would file a detailed affidavit explaining its position.
The Bench directed the government to place all reservation data and statistics before it and specifically explain how the proposed 34% BC quota could be legally justified.
The PIL was filed by advocate Tandava Yogesh, challenging G.O. Nos. 105 and 1065 issued by the State government providing 34% reservations for BCs in local body elections.
Previous ruling cited
During the hearing, Yogesh argued that the SC Constitution Bench had held in the Krishnamurthy case that total reservations should not ordinarily exceed 50%. He also referred to the High Court’s December 2019 judgment in the Birru Pratap Reddy case, in which the court had struck down the then government’s decision to provide 34% BC reservations after the total reservation reached 59.85%.
He submitted that the government had subsequently revised the BC quota in accordance with the HC’s directions and conducted the elections. He further informed the court that the HC’s decision had been upheld by the Supreme Court.
Kamat informed the Bench that the State would file its counter with complete details and that no election notification would be issued until the next hearing. Yogesh requested the court to direct the government not to finalise the reservations until then. The Bench noted the government’s categorical submission that no election notification would be issued before the next hearing.
The Bench directed the government to submit factual and statistical data to assess the reservation proposal’s legality.