Quota for OBC in local body polls should be within 'triple test' framework set by SC: Telangana HC

HYderabad, Oct 11 (PTI) The Telangana heights margaret court has affirmed that the 50 per cent reserve roof go under by the Supreme Court applies to local body polls, and any quota increase for OBCs should be within the framework of the "triple test". The Supreme Court's triple test is a framework for providing reservations for Other Backward Classes (OBCs) in local body elections, requiring states to form a commission to collect data, specify the reservation proportion based on the commission's findings, and ensure the total reservation for SCs, STs, and OBCs does not exceed 50 per cent of the total seats. A detailed order copy was uploaded on the Telangana High Court website on Friday night. While issuing an interim stay against a Government Order providing 42 per cent BC reservation in local body polls on October 9, the High Court said the State Election Commission would notify the proportionate seats as open category seats and proceed with the elections. "We are, therefore, of the prima facie view that the respondents/State have failed to adhere to the criteria of 50 per cent upper ceiling as laid down by the Hon’ble Supreme Court in Vikas Kishanrao Gawali (supra) by issuance of G.O.Ms.Nos.9, dated 26.09.2025, whereby 42 per cent reservation has been provided to the OBCs in the local bodies, thereby breaching the ceiling of 50 per cent to a total of 67 per cent reservation in local bodies," the court said in its order. Besides GO no 9, the court also stayed consequential Government Orders no 41 and 42. Following the court's stay order, the Telangana State Election Commission on Thursday issued a statement saying the poll notification was issued on September 29 and further activities are being suspended until further notification. The division bench comprising Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin, which heard a batch of petitions challenging the Congress government's order that increased the BC quota, directed the government to file its reply in four weeks. "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 CJ said. With the ruling dispensation facing a roadblock in providing the 42 per cent quota to the Backward Classes, Congress sources said the government may approach the Supreme Court seeking vacating of the stay. The argument presented by the counsels for the petitioners is that the Government Order (GO) breaches the 50 per cent upper ceiling imposed by the Supreme Court on total reservations. K Vivek Reddy, senior counsel leading the petitioners, argued that the state government's order exceeds the 50 per cent limit imposed by the Supreme Court for political reservations. There is no exception for backward classes. The GO also violates the Triple Test laid down by the Apex Court. The Telangana SEC on September 29 announced a five-phased schedule for elections to the rural local bodies to be held between October and November.