Petitioners question legality of BC quota provision sans categorisation

Writ petitions filed against Section 285-A and GO 46, citing lack of BC sub-classification; former sarpanch seeks re-allotment to ensure 42% reservation as promised by the state.
Telangana High Court
Telangana High Court(File photo | Express)
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HYDERABAD: A writ petition has been filed in the Telangana High Court, challenging the constitutional validity of Section 285-A of the Telangana Panchayat Raj Act, 2018, relating to reservations for Backward Classes (BCs) in the upcoming rural local body elections.

The petition, filed by Madiwala Machadeva Rajakula Sangam, represented by its general secretary S Laxmiah of Vikarabad district, along with six other residents of Hyderabad and Secunderabad, questions the legality of providing BC reservations without following the statutory categorisation of BCs into A, B, C and D groups.

The petitioners have also sought the setting aside of Government Order Ms No 46, dated November 22, 2025, contending that the order was issued without observing BC sub-categorisation and without disclosing the complete empirical data of the Dedicated Commission Report dated November 20, 2025.

According to the petition, the absence of published empirical data violates constitutional safeguards laid down by the Supreme Court for providing reservations in local body elections. The petition further points out that while the Telangana government has sent a Bill to amend Section 285-A to the Governor, seeking to enhance BC reservations from 18–22% to 42%, the amendment does not provide for sub-classification of BC communities into BC-A, BC-B, BC-C and BC-D categories.

The petitioners contend that due to the absence of classification, the actual reservation percentage in rural and urban local bodies is likely to fluctuate between 18% and 22% at best, depending on ward-wise and village-wise voter composition, thereby defeating the very objective of enhancing BC representation.

The petitioners have prayed for setting aside Section 285-A of the Telangana Panchayat Raj Act, 2018 insofar as it relates to BC reservations, quashing of GO 46 for non-compliance with constitutional requirements and a direction to disclose the entire Dedicated Commission Report dated November 20, 2025, including empirical data. The writ petition is expected to be listed for hearing within the next one or two days.

EX-SARPANCH MOVES HC OVER RESERVATIONS IN PANCHAYAT POLLS

Former Ramsanpally sarpanch Koraboina Agamaiah has approached the Telangana High Court, seeking quashing of the Gazette Notification No 43 dated November 23, 2025, issued by the District Collector-cum-District Election Authority, Sangareddy, in connection with reservations for the upcoming gram panchayat elections.

The petitioner challenged the reservations notified for various gram panchayats in Sangareddy district and sought a direction to the authorities to re-allot reservations strictly in proportion to the population, in accordance with the state’s assurance of providing 42% reservation for Backward Classes and after strictly following constitutional, statutory and judicial principles.

The petitioner further sought a declaration that any reservation falling grossly below the proportionate share or below the government’s assurance of 42%, without specific and valid reasons, is violative of Articles 14 and 243D of the Constitution of India. He also requested the court to pass such other appropriate orders as deemed fit.

The writ petition came up for urgent hearing before Justice T Madhavi Devi. The court issued notices to the state of Telangana, represented by its principal secretary, social welfare department and other respondents concerned, and adjourned the matter to December 10 for further hearing.

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