Lucknow: In a jolt to the Yogi Adityanath Government in Uttar Pradesh, the Allahabad High Court on Tuesday ordered it to hold the municipal elections without reservation of seats for the Other Backward Classes (OBC).
The High Court also rejected the UP Government's December 5 notification for the OBC reservation and asked it to follow the triple test formula.
It also asked the State to consider the reservation for the third gender while deciding on the OBC quota.
A division bench of the High Court comprising justices Saurabh Lavania and DK Upadhyay delivered the order, hearing the writ petitions challenging the OBC reservation and demand for quota in municipal elections to third gender.
In the order, the Election Commission has been directed to hold the municipal elections immediately as the tenure of the civic bodies would end next month. The seats reserved for the OBC in the earlier notification would be deemed general now. No OBC reservation would be applicable unless the Government followed the triple test formula to decide the quota.
In the 87-page order, the Lucknow bench stated that the notification issued by the urban development department under section 9A (5)(3) stands cancelled. It said unless the State Government fulfils the conditions of the triple test as is being ordered by the Supreme Court, there would be no reservations for the OBC. Since the term of civic bodies is expiring next month and the triple test would take time, the EC should start the process of election.
Yogi to constitute OBC Commission
Soon after the HC order, UP Chief Minister Yogi Adityanath said the reservation for the OBCs would continue and a commission for them is being constituted. He said the Government would look into the legal aspects of the issue and might approach the Supreme Court if need be. He made it clear that the municipal elections would be held with the OBC reservation. Deputy Chief Minister Keshav Deo Maurya said there is no question of any compromise on the issue of the OBC and the Government will approach the SC.
Akhilesh to move SC
Accusing the Yogi Government of not taking the matter of the OBC reservation seriously and deliberately mishandling it, Samajwadi Party chief Akhilesh Yadav said his party leaders would approach the apex court against the order. Leaders of other Opposition parties, too, blamed the UP Government for the quashing of the OBC reservation.
