The Uttarakhand High Court, on Friday, directed the state government to submit a reply affidavit within four weeks concerning the challenges posed to the Reservation Rules 2024, which have been laid down for the upcoming municipal elections. This directive came from a single bench presided over by Justice Rakesh Thapliyal, who refrained from issuing any interim orders pending the government’s response.
The petitions challenge the state government’s handling of the reservation notification, arguing that it was issued without due adherence to established rules. According to the petitioners, the government released the election schedule on the same evening the reservation notification was made public, thereby denying them any opportunity to raise objections—a right they claim is guaranteed under the rules.
The petitioners further argued that according to the rules, seats with an OBC and ST population of less than 10,000 should not be reserved. Instead, they suggest that seats with larger populations, such as those in Dehradun and Haldwani, should be considered for reservation rather than smaller constituencies like Almora.
In defense, the state government maintained that the reservation roster was implemented in full compliance with the Uttarakhand (Uttar Pradesh Nagar Palika Act, 1916) Amendment Act, notified on September 20 of the previous year. They also referenced Article 243 T of the Constitution of India to justify their reservation decisions.
Additionally, the government argued that the petition should be dismissed as it did not meet the criteria for maintainability, stating it should have been filed as an election petition instead.
