HYDERABAD: The Telangana High Court, which stayed GO 9 that raised BC reservations in local bodies from 25% to 42%, has directed the State Election Commission to conduct local body polls strictly in accordance with the Telangana Panchayat Raj Act, 2018 and the Supreme Court rulings that cap total reservations at 50%.
A division bench, comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin, passed the detailed interim order while hearing a batch of writ petitions challenging the 42% BC reservation.
It ruled that the elections, which have already been notified, cannot proceed based on the enhanced quota, and instructed the TSEC to treat the areas falling under the additional 17% quota as general (open category) seats. This will ensure that polls continue under the existing reservation pattern prior to the issuance of the impugned GOs.
Faults state for overlooking Supreme Court ‘triple test’
The bench faulted the state government for not adhering to the “triple test” laid down by the Supreme Court in Vikas Kishanrao Gawali vs State of Maharashtra (2021) before introducing enhanced OBC reservations in local bodies.
The triple test requires: A dedicated commission to conduct a contemporaneous, rigorous empirical inquiry into the nature and implications of backwardness concerning local bodies; determination of the proportion of reservation, local body-wise, based on the recommendations of such a commission; and ensuring that the total reservation for SCs, STs, and OBCs does not exceed 50% of the total seats.
The court noted that the one-man commission report relied upon by the government had neither been published nor subjected to public objections, thereby violating earlier directions of the High Court. It observed that issuing GO 9 without fulfilling these mandatory preconditions rendered the order unsustainable.
Breach of statutory, constitutional limits
Referring to Section 285A of the Telangana Panchayat Raj Act, 2018, the court emphasised that the total reservation for SCs, STs and BCs cannot exceed 50%. The impugned GO, which raised the BC quota to 42%, pushed the overall reservation to 67%, breaching both statutory and constitutional limits.
The bench underscored that the 50% ceiling is not merely an executive guideline but a constitutional mandate reaffirmed through multiple Supreme Court decisions, including K Krishna Murthy vs Union of India, Vikas Kishanrao Gawali, and subsequent interim orders such as Suresh Mahajan vs State of Madhya Pradesh and Rahul Ramesh Wagh vs State of Maharashtra.
Rejects state’s arguments
The state government, through senior counsel, argued that the 50% ceiling is not inviolable and cited judgments in Indra Sawhney, MR Balaji and Janhit Abhiyan (EWS quota case) to contend that exceptional circumstances could justify exceeding the limit. However, the bench rejected these submissions, holding that the cited precedents do not dilute the 50% cap concerning local body reservations.
The court reiterated that the Supreme Court’s ruling in Vikas Kishanrao Gawali applies specifically to local body elections across all states, and that any deviation without compliance with the triple test is impermissible.
Cannot postpone polls beyond statutory period
On the issue of Article 243-O of the Constitution, which bars judicial interference in electoral processes once elections are notified, the bench clarified that it was not staying the elections themselves, but only the operation of the impugned GOs. Citing the Supreme Court’s order in Rahul Ramesh Wagh, the High Court observed: “If the state or the Union territory is not in a position to fulfil the triple test requirement and the election to any of its local bodies cannot be postponed beyond the statutory period, the Election Commission concerned ought to notify proportionate seats as open category seats and proceed with the elections.” Accordingly, the TSEC has been directed to treat the additional 17% BC-reserved seats as open category and proceed with the local body elections as scheduled.
Extensive reference to SC precedents
The bench made extensive reference to the Supreme Court’s pronouncement in the Vikas Kishanrao Gawali case, where it was held that any reservation of seats for OBCs in local bodies made without satisfying the triple test would be “void and non est in law.” The apex court further directed that seats occupied by OBC candidates under invalidated notifications must be re-notified as general seats, though the acts performed by such members during their tenure would remain valid. To prevent such irreversible consequences, the Telangana High Court deemed it necessary to stay the operation of GOs 9, 41, and 42 pending final adjudication.
Final observations
Concluding its interim order, the bench stated: “We are of the prima facie view that the respondents have failed to adhere to the criteria of the 50% upper ceiling as laid down by the Supreme Court in Vikas Kishanrao Gawali. Therefore, in view of the aforesaid discussion and reasons recorded, there shall be an interim stay of the impugned GOs 9, 41, and 42, dated 26.09.2025.”
The court, however, refrained from expressing any opinion on the merits of the case at this stage, stating that the issues raised by both sides would be examined at the time of final hearing. The state government has been given four weeks to file its counter-affidavit, while the petitioners have been granted two weeks thereafter to submit their replies.
