HC To Hear Petitions Challenging Reduction of BC Quota in Panchayat Polls Today
Judge examines if a single bench can hear new petitions
Hyderabad: The Telangana High Court said that it would hear and issue orders on Friday in a batch of petitions challenging the reduction of reservations for the BC community in the upcoming panchayat elections. Justice T. Madhavi Devi said that since a similar issue was pending before the Chief Justice’s bench, the single judge bench led by her would examine the jurisdiction to intervene in the fresh petitions. The judge added that interim orders would be issued where necessary and adjourned the hearing to Friday.
Several petitions were filed as lunch motions, seeking to set aside the gazette issued on the November 23 relating to reservation allotments in gram panchayats. Justice Madhavi Devi took up the matters in the afternoon session.
Arguing for the petitioners, advocate Samala Ravinder and others contended that BC community was not allotted even 23 per cent of panchayat seats and, in some districts, the reservation was as low as 13 per cent. They argued that despite the BC community forming a larger share of the population compared to those belonging to the OCs, SCs and STs, they were allotted disproportionately fewer seats.
Citing an example, they said that in one village the seat was reserved for a ST community woman in 2014; a woman from the general category in 2019, and was now earmarked for the SC community, even though the BC population was higher — contrary to the GO and the prescribed schedule.
Special government pleader Rahul Reddy, representing the state, submitted that reservation allotments were made strictly in accordance with the law, ensuring that the 50 per cent cap was not breached. He said reservations were first assigned to the ST community, then to SCs, and only thereafter to the BC community, in line with Supreme Court guidelines.
Senior advocate Vidyasagar, appearing for the State Election Commission, added that the Supreme Court had clearly held that only the remaining seats — after accommodating SC and ST community candidates based on population — could be allotted to the BCs, and that there was no statutory mandate for fixing BC reservations at 23 per cent.
After hearing all sides, Justice Madhavi Devi remarked that it would be appropriate for the petitioners to first bring these matters before the Chief Justice’s bench. The judge noted that the Election Commission acts on the basis of the GO and should not be faulted for issuing notifications accordingly.
Observing that the main reservation matter was pending before the First Court, the judge said the scope of intervention by a single judge would be examined and that orders would be issued on Friday.
