UP Nikay Chunav: Decision on reservation in body elections did not come today, hearing will continue in the High Court on Wednesday A to Z Counsel

The Lucknow bench of the Allahabad High Court has fixed the next hearing of the case on Wednesday regarding the implementation of OBC reservation in local body elections. Along with this, the ban on issuing election notification has also been extended till Wednesday. A counter affidavit was filed on behalf of the State Government in the matter. On this, the counsel for the petitioners also filed a reply.

The case was heard on Tuesday which will continue on Wednesday as well. The state government said that all the answers sought have been filed in the counter affidavit. On this, the lawyers of the petitioners objected and requested the government to ask for a detailed answer, which the court did not accept. On the other hand, Additional Advocate General Vinod Kumar Shahi, on behalf of the state government, urged that the matter be disposed of soon after the hearing. The final hearing of the case is going on in the court.

A division bench of Justice Devendra Kumar Upadhyay and Justice Saurabh Lavania gave this order on the PILs of Rae Bareli resident social worker Vaibhav Pandey and others. The state government has said in its affidavit filed in the court that in the case of local body elections, the survey of Other Backward Classes (OBC) conducted in 2017 should be considered as the basis of reservation. The government has said that this survey should be considered as a triple test. Urban Development Department Secretary Ranjan Kumar has said in the affidavit that transgenders cannot be given reservation in elections. In the last hearing, the High Court had asked the government under which provisions the administrators have been appointed in the civic bodies? On this, the government has said that there is a provision for this under the decision of the High Court of December 5, 2011. The court had earlier stayed the issue of final notification for local body elections till December 20. Along with this, the state government was ordered not to issue orders till December 20 under the provisional reservation notification issued on December 5. The court had given this order while hearing the public interest litigations filed on the issue of proper reservation benefits to OBCs and rotation of seats.

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Raised the issue of OBC reservation and rotation of seats in the petition
Issues of giving proper benefits of reservation to backward classes and rotation of seats have been raised in public interest litigations. The petitioners say that no reservation can be given to OBCs until the state government completes the formalities of the triple test under the decision of the Supreme Court. The state government did not conduct any such test. It also argued that without completing this formality, the government issued a draft order under the provisional reservation notification on December 5 last. It is clear from this that the state government is going to give reservation to OBCs. Along with this, it has been requested that rotation of seats should also be done as per rules. The petitioners urged that the notification of the election be issued only after removing these deficiencies. On the other hand, the government counsel opposed the petition saying that the government’s notification of December 5 is just a draft order on which the government has sought objections. In such a situation, the aggrieved petitioner and other people can file their objections on this. Thus, this petition has been filed prematurely.

This is how rapid survey happens
Under the supervision of the district administration in the rapid survey, ward-wise OBC category counting is done by the municipal bodies. On the basis of this only, while determining the seats for OBCs, a proposal for reservation is prepared and sent to the government.

triple test
Before determining reservation for OBCs in municipal elections, a commission will be constituted, which will assess the nature of backwardness in the bodies. After this, it will propose reservation of seats for backward classes. In the second phase, the number of OBCs will be tested by the local bodies and in the third phase, verification will be done at the government level.

In this election, the delimitation of the newly formed bodies can also screw up. More than 100 cases related to this have reached the High Court. These include cases relating to non-compliance of norms in delimitation of wards in newly formed Nagar Panchayats besides Corporations and Palika Parishads with boundary extension. The petitions have questioned the process of inclusion and exclusion of half of the revenue villages. Matters like elimination of wards having a majority of population are also included. Recently a meeting was held under the chairmanship of the Advocate General. In this, answers were sought from all those urban bodies whose petitions have been filed regarding the delimitation. Details of the rules, procedures and policies on the basis of which the delimitation was done have also been sought.

Election will be postponed till April-May if the decision is in favor of the petitioners
In the case of civic elections, the government has submitted its reply. After the debate on this, the decision is expected to come by late evening on Tuesday. It is being told that if the decision of the High Court comes in favor of the petitioners, then these elections can be postponed till April-May 2023. It is also being said that if the decision comes in favor of the government, the petitioners will challenge it in the Supreme Court. If the decision comes against the government, then it will also appeal in the Supreme Court or can postpone the election for four to five months by forming a commission.