UP Nikay Chunav: In a significant decision that is set to affect Uttar Pradesh politics by large, the Allahabad High Court on Tuesday quashed the state government's draft notification regarding urban body elections, and ruled that the polls will take place without OBC (Other Backward Classes) reservation. A bench of Justice Devendra Kumar Upadhyay and Justice Saurabh Lavania passed the order and said OBC will be given reservation only after a dedicated commission is formed.
The order has now paved the way for urban local body elections in the state. However, the government first has to form a panel. The High Court's order came on PILs challenging the draft OBC reservation prepared by the state government without the 'triple test formula' as directed by the Supreme Court.
Following the court'd decision, Chief Minister Yogi Adityanath ordered formation of a panel that will again decided on the OBC quota on the basis of Triple Test formula.
Triple Test formula
The said triple test involves
(1) setting up a dedicated Commission to conduct a contemporaneous rigorous empirical inquiry into the nature and implications of the backwardness qua local bodies, within the State;
(2) specifying the proportion of reservation required to be provisioned local body-wise in light of recommendations of the Commission, so as not to fall foul of overbreadth; and
(3) not exceeding an aggregate of 50 percent of the total seats reserved in favour of SCs/STs/OBCs taken together.
What Yogi Aityanath said:
The Uttar Pradesh government will set up a commission in the perspective of urban body general elections and provide reservation facility to the citizens of Other Backward Classes (OBC) on the basis of triple test.
Only after this, the urban body general elections will be conducted.
What Deputy CM Maurya said:
Following the orders, Deputy CM Keshav Prasad Maurya in a tweet said, "The final decision will be taken at the government level after a detailed study of the order of the Honorable High Court of Allahabad regarding the urban body elections, but after consulting the legal experts, but for the backward classes. There will be no compromise on rights!"
Samajwadi targeted the BJP government:
After the High Court passed the order, the Samajwadi Party called on the Yogi government on a tweet. SP said, 'BJP government betrayed the backward people! Conspiracy of BJP to end the constitution given by Babasaheb Bhim Rao Ambedkar. In order to kill the rights of backward and Dalits in civic elections, the BJP government wrongly made reservation. First there should be reservation for the backward, then there should be elections."
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