HC strikes down 34% BC quota, orders local body polls in six weeks

Metro India News | AMARAVATI

The Andhra Pradesh High Court has struck down the State government orders providing 34 per cent reservation for Backward Classes (BCs) in local body elections, holding that the reservation framework cannot breach the 50 per cent ceiling prescribed by the Supreme Court. The court has also directed the State government and the State Election Commission (SEC) to initiate the election process and complete it within six weeks. 

A division bench comprising Chief Justice Lisa Gill and Justice Challa Gunaranjan delivered the judgment on a batch of petitions concerning BC reservations, ward delimitation and the delay in conducting elections to local bodies. The petitions challenged the government orders enhancing BC reservations, contending that the move would push the aggregate reservation for SCs, STs and BCs beyond the 50 per cent ceiling. 

The court accepted the challenge to the 34 per cent quota and directed that the reservation framework be revised within the applicable legal limits. The government had defended the quota by stating that it was based on contemporary BC population enumeration conducted through the Unified Family Survey. At the same time, the High Court cleared several hurdles to holding the local body elections. 

It declined to interfere with the ward delimitation process and rejected petitions seeking to defer the elections until completion of the Special Intensive Revision (SIR) of electoral rolls. The court had earlier heard arguments on a YSR Congress Party petition seeking elections only after completion of the SIR and publication of the final voter list. The ruling leaves the government with the task of working out a fresh reservation formula while proceeding with the election process within the six-week timeframe.

The decision is significant as the State had approved the enhanced BC quota in August, with 34 per cent proposed for rural local bodies and 33.33 per cent for urban local bodies. Reacting to the judgment, Chief Minister N. Chandrababu Naidu said his government would challenge the High Court order in the Supreme Court and seek restoration of the 34 per cent BC quota. Speaking at a pension distribution program at Aravapalli in Repalle constituency, Naidu said BC communities had been associated with the Telugu Desam Party since its founding and reiterated his government’s commitment to their political representation.