The Telangana High Court on Thursday issued an interim stay on a state government order that increased reservations for Backward Classes (BCs) in local bodies to 42 percent. The order effectively halts the upcoming rural local body elections, with the Telangana State Election Commission (TSEC) announcing suspension of its poll schedule until further notice.
A division bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin passed the order while hearing multiple petitions challenging the Congress government’s decision to enhance BC reservations beyond the permissible limit.
“Four weeks’ time is allowed for the state (government) to file a counter affidavit. Two weeks’ time thereafter is allowed to the petitioners to file a reply if so advised. In the meantime, there shall be an interim stay of the impugned notification,” the Chief Justice stated in court.
Following the order, the TSEC said the notification issued on September 29 and all subsequent election-related activities stand suspended.
Senior advocate K. Vivek Reddy, appearing for the petitioners, argued that the Government Order breached the 50 percent upper ceiling on total reservations laid down by the Supreme Court. He submitted that there is no exception for backward classes in the context of political reservations and that the order failed to comply with the “Triple Test” requirement set by the apex court for granting such reservations.
The challenged Government Order was issued in the run-up to elections to rural local bodies, which were scheduled in five phases between October and November.
Sources within the ruling Congress indicated that the state government may approach the Supreme Court to seek vacation of the stay. BC Welfare Minister Ponnam Prabhakar said that the government would decide its next steps after receiving the court’s interim order.
“We did not expect the High Court to issue a stay order,” the minister said, adding that the state remains committed to providing 42 percent reservation to BCs. He also pointed out that the delay in elections is affecting the release of central funds.
The interim stay triggered a sharp political exchange. Telangana Congress president Mahesh Kumar Goud accused the BRS and BJP of colluding to deprive BCs of their rightful share. He alleged that the BRS government had earlier enacted legislation capping BC reservations.
BRS working president K.T. Rama Rao hit back, calling the Congress government’s move “a massive betrayal of the BCs.”
“For months, they played politics in the name of BC reservations. The GO they issued was legally untenable. Revanth Reddy has deceived the BC community and misled the people of Telangana,” Rama Rao said, reacting to the court’s stay order.
The High Court has given the state four weeks to file its counter-affidavit, with petitioners allowed an additional two weeks for a rejoinder. Until then, the 42 percent BC reservation order remains on hold, and the rural local body election process is paused.
