Uttar Pradesh urban development and energy minister AK Sharma. PTI.
New Delhi: The Supreme Court of India had to intervene in the matter of urban local body polls in politically important state of India, Uttar Pradesh, which got embroiled in the politically sensitive issue of reservation for the Other Backward Classes (OBC) in these elections.
The apex court stayed the order of UP’s High Court in Allahabad to notify the election without OBC reservation.
The apex court of Indian said that the High Court order which mandates “the holding of elections to local bodies in Uttar Pradesh without reserving seats for Backward Classes of citizens will result in a violation of the constitutional and statutory requirements of reservation for the OBCs.”
“Prima facie, the High Court is not correct in prioritising one over the other and directing the holding of elections without the provision of representation for the Backward Classes. Democratising the municipalities and true representation in the composition of the municipalities… ,” the Supreme Court said.
“When a constitutional court is called upon to review the decisions of the State in this context, it must ensure that both these values are given full effect so that truly representative and vibrant local bodies contemplated under Part IXA of the Constitution are realised,” the Supreme Court of India said.
After the High Court’s order, the government of Uttar Pradesh had appointed a five-member commission to look into the issues for providing reservation to OBCs in urban local body polls.
During the proceedings, Solicitor General Tushar Mehta said that though the tenure of the newly appointed commission is six months, it would make an effort to ensure that the exercise would be completed by 31 March 2023.
The elections will now only be held after the commission completes its task.
OBC reservation problem in Uttar Pradesh
Bharatiya Janata Party (BJP) leader Yogi Adityanath-led Uttar Pradesh government has been in favour of OBC quota and welcomed the Supreme Court’s decision.
Uttar Pradesh urban development and energy minister AK Sharma said that the state government will ensure reservation to all classes including OBCs within the prescribed time frame (three months) by the apex court.
He said that Uttar Pradesh government is committed to providing justice to the weaker section, as mandated by the Indian Constitution.
Hitting out at Samajwadi Party (SP), the main opposition party in Uttar Pradesh, Sharma said a petition was filed before the Supreme Court by a member of legislative (MLA) of SP who used to hold a top post in a municipality of Rae Bareli district of the state. The plea was filed after the seat has been reserved for a OBC candidate.
“Those with vested interests were lobbying hard to hold elections without any reservation for backwards, weaker sections and Dalits. Today, they have been exposed,” he added.
Intensifying his attack on Samajwadi Party, Sharma said that the MLA took help of his friends to file a PIL (Public Interest Litigation) in the High Court challenging OBC reservation.
The Uttar Pradesh minister further said that during the hearing of plea in the High Court, the lawyer representing Samajwadi Party argued against the interest of OBC community.
“After the High Court verdict came in favour of Samajwadi Party, the leaders started blaming the ruling BJP in the state,” Sharma said.
Meanwhile, the Uttar Pradesh government, as per the High Court’s order, set up a commission and conducted triple test through it.
Forming the committee after the High Court’s order, Sharma had said that elections will not be conducted without OBC reservation. “If needed, the government will go to the Supreme Court,” he had said.
Last month, the Uttar Pradesh government moved the Supreme Court challenging the order of the High Court that said the court wrongly quashed the 5 December draft notification which provided for reservation of seats in the urban body polls for OBCs apart from those for Scheduled Castes, Scheduled Tribes and women.
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