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SC to Hear UP Government's Petition against HC Order on the state to hold ULB elections without OBC reservations

SC to Hear UP Government's Petition against HC Order on the state to hold ULB elections without OBC reservations

On January 4th, a Supreme Court bench comprised of Chief Justice DY Chandrachud and Justice PS Narasimha will hear the petition filed by the Uttar Pradesh government against the Allahabad High Court's decision ordering the state to hold urban local body elections without OBC reservations.

The Allahabad High Court had directed the State Election Commission to notify the Urban Local Body Polls without OBC reservation as soon as possible. The court ruled in this manner after concluding that the state government does not follow the Triple Test Formality established by the Supreme Court. The bench of Justices Devendra Kumar Upadhya and Saurabh Lavania also ordered that the poll notification include women's reservation in accordance with constitutional provisions.

The High Court quashed the draught notification issued by the Uttar Pradesh government on December 5 expressing its intent to hold Urban Local Body Elections after reserving four mayor seats in the state for Other Backward Classes (OBCs) despite failing to meet the 'triple test' formalities prescribed by the Supreme Court in the case of Vikas Kishanrao Gawali v. State of Maharashtra & Ors. to determine the political backwardness of OBCs.

"While notifying the elections the seats and offices of Chairpersons, except those to be reserved for Scheduled Castes and Scheduled Tribes, shall be notified as for general/open category. The notification to be issued for elections shall include the reservation for women in terms of the constitutional provisions," the High Court had directed.


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