Telangana High Court’s past midnight order allows local polls under old quota

Hyderabad: The Telangana High Court allowed the State Election Commission (SEC) to conduct local body elections under the old reservation pattern. The court stayed the government order granting 42% BC quota, calling it unconstitutional.

A Bench of Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin suspended GOs 9, 41, and 42. These orders had increased BC reservations and announced the election schedule. The judges said the total quota must stay within the 50% ceiling set by the Supreme Court.

Telangana High Court permits SEC to hold local polls under old quota system

The Bench clarified that it had not stopped the election process. The SEC still holds full authority to conduct polls. Only the new quota orders will stay suspended until the case ends.

In its midnight order, the court said the SEC could treat seats as open category and proceed with local body polls. The Bench cited Supreme Court rulings, saying Telangana had not met the triple test required for revising BC quotas.

Before GO 9, the total reservation stood at 50%—15% for SCs, 10% for STs, and 25% for BCs. The proposed 42% BC quota would have increased the total to 67%, breaching the limit.

The government argued that it met the triple test through a study on BC socio-economic conditions. It also said the 50% limit was flexible, citing EWS quota cases. However, the court disagreed.

Quoting the Vikas Kishan Rao Gawali case, the Bench said Telangana had not followed the constitutional procedure before issuing the orders. It reaffirmed that no state can exceed 50% reservation without strong evidence.