The Lucknow bench of the Allahabad High Court has issued a contempt notice to Anil Kumar, the Principal Secretary of the Panchayati Raj Department, over the state government’s failure to constitute an Other Backward Classes (OBC) Commission. The commission is a vital prerequisite for determining seat reservations in the upcoming Uttar Pradesh panchayat elections.
Justice Saurabh Lavania passed the order while hearing a contempt petition filed by M. L. Yadav. The court has directed the official to provide a clear timeline for the commission’s formation and has fixed May 19 as the next date of hearing.
The legal dispute traces back to an earlier petition disposed of by the High Court on February 4. At that time, the state counsel had assured the court that the government was already in the process of constituting the OBC Commission. Based on this formal undertaking, the court had closed the previous proceedings.
However, the petitioner, M. L. Yadav, approached the court again, alleging that the state had failed to act on its commitment. The plea highlighted that despite the passage of time and the nearing end of the current panchayat terms, no commission has been established.
Upon reviewing the submissions, the bench observed that there was a prima facie case of non-compliance. The court noted that the state’s failure to fulfill the undertaking given on February 4 suggests a possible violation of the judicial assurance.
“The commission has not been constituted, indicating a possible violation of the state’s assurance to the court,” the bench remarked while taking note of the delay.
The constitution of the OBC Commission is not merely a procedural formality but a legal necessity for the electoral process. Under current regulations, the reservation of seats for OBC candidates in panchayat elections must be based on a report submitted by such a dedicated panel.
The petitioner argued that the delay is effectively stalling the entire election cycle. With the terms of existing panchayats rapidly approaching their conclusion, the lack of a commission prevents the determination of reservations, thereby preventing the notification of election dates.
The court is expected to examine the Principal Secretary’s clarification and the proposed roadmap for the commission’s formation during the next hearing.
