Allahabad HC decision on Urban polls without OBC reservation rises political temperature in U.P.

Chief Minister Yogi Adityanath says the polls will be held only after providing the quota to OBCs on the basis of ‘triple test formula’; opposition alleges the BJP govt. of being anti-OBC

The Allahabad High Court’s decision on Tuesday ordering the Uttar Pradesh government to notify the Urban Local body (ULB) polls at the earliest without any reservation for the Other Backward Classes (OBC) has heated up the political temperature in the State.

While the Opposition has alleged the Bharatiya Janata Party-(BJP) led government of being anti-OBC, the U.P. government has categorically stated that the municipal polls in the State would not be held without OBC reservation.

Reacting to the High Court’s decision amid the Opposition’s allegations, Chief Minister Yogi Adityanath said, “Uttar Pradesh government will set a commission and will provide reservation to Other Backward Classes (OBC) people on the basis of the ‘triple test formula’ after which the municipal polls will be held. If needed we will approach the honourable Supreme Court after going through the verdict of the honourable High Court.”

Meanwhile, the Samajwadi Party (SP) president and former Chief Minister Akhilesh Yadav alleged the BJP was being anti-OBC. “Today, the BJP has taken away the reservation rights of backward classes, tomorrow they will also take away the reservation given to Dalits by Babasaheb B.R. Ambedkar,” he said. The former CM further alleged that the saffron party has also conspired to destroy the Constitutional rights given by Dr. Ambedkar to the underprivileged.

The Allahabad High Court’s decision comes after a number of PILs were filed in the court alleging that the State has not been complying with ‘triple test mandate’ set by the apex court while exercising the reservations of seats in civic body polls.

The judgment on the ULB polls was delivered by a Bench of justice Devendra Kumar Upadhyaya and Justice Saurabh Lavania, which had quashed the U.P. government’s recent order on inviting objections to the proposed determination of number of offices of the chairpersons of different municipal bodies to be reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes and women.

The court also quashed the State government order which provides for operation of bank accounts of municipalities under joint signatures of executive officers and the senior-most officer in ‘Uttar Pradesh Palika Centralised Service (Accounts Cadre)‘.

The court further directed the government that until the triple test/conditions as mandated by the Supreme Court is completed in all respects, no reservation for the Backward Class shall be provided.

“...Since the term of municipalities has either ended or shall be coming to an end by March 31, 2023, the process of completion of triple test/conditions being arduous, is likely to take considerable time. Hence, it is directed that the State government and State Election Commission to notify the elections immediately,” the court said.

It also maintained that while notifying the elections 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 notification to be issued for elections shall include the reservation for women in terms of the constitutional provisions,” the court further said.