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Home » ULB elections in UP to be held without OBC reservation: Allahabad High Court

ULB elections in UP to be held without OBC reservation: Allahabad High Court

by Prashant Kumar
2 minutes read

Uttar Pradesh’s Chief Minister Yogi Adityanath recently declared they will give reservations to OBCs in the upcoming Urban Local Body (ULB) elections. However, the Lucknow bench of Allahabad High Court quashed the proposal — until the “triple test/conditions” mandated by the Supreme Court are completed in all respects by the state government, no reservation for the Backward Class of citizens shall be provided.

“We form a commission that will conduct a survey of OBCs on the basis of the Supreme Court guidelines. We will not go to elections without providing reservations to OBCs. If required, we will go to the Supreme Court against the High Court’s order,” Yogi Adityanath said.

The whole issue revolves around the notification issued on December 5th by the Uttar Pradesh State Election Commission (SEC), alleging that the criteria laid down by the Supreme Court on the Other Backward Classes (OBC) quota are not being followed by the state government for the upcoming ULB elections.

A bench of Justice Devendra Kumar Upadhyaya and Justice Saurabh Lavania said until the “triple test/conditions” mandated by the Supreme Court is completed in all respects by the state government, no reservation for the Backward Class of citizens shall be provided.

The bench further added, “since the term of Municipalities has either ended or shall be coming to an end by 31.01.2023 and the process of completion of triple test/conditions being arduous, is likely to take considerable time, it is directed that the State Government/State Election Commission shall notify the elections immediately.”

The Lucknow Bench of the Allahabad High Court has quashed the state government’s argument that it had conducted a rapid survey that was as good as the triple test formula.

“While notifying the elections to the seats and offices of Chairpersons, except those to be reserved for Scheduled Castes and Scheduled Tribes, shall be notified as for general/open category,” the bench added.

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