New Delhi: The Supreme Court on Thursday
cleared the deck for holding of elections to the civic body of
Greater Hyderabad Municipal Corporation without debarring the
`creamy layer` within the backward classes from contesting
from reserved constituencies.
A Bench comprising Chief Justices K G Balakrishnan and
Justice P Sathasivam vacated the interim stay granted by the
Andhra Pradesh High Court on holding the municipal polls.
It said the elections to the Corporation will be
conducted without depriving the right of creamy layer within
the backward classes to contest from the 50 reserved seats.
However, the Bench made it clear that those likely to
constitute creamy layer are allowed to contest the elections
subject to the outcome of a bunch of petitions in this regard
pending before the High Court.
"Let candidates take the risk," the Bench said, adding
that "election will go on subject to the outcome of the result
of the writ petitions."
The Bench observed that it was difficult to identify
and indicate in the voters list about the creamy layer.
"Whether creamy layer or no creamy layer, the backward
class will vote. When there is no question of excluding them
from voters list how can they be prevented from contesting,"
the Bench observed.