Overview
- The state issued GO MS No. 9 on September 26 to provide 42% reservation for Backward Classes in local bodies and told departments to earmark seats before the poll schedule.
- Petitioners said raising the BC quota to 42% would push total reservations with SC and ST to about 67%, breaching the Supreme Court’s 50% ceiling and the cap in Section 285A of the Panchayat Raj Act.
- The High Court issued notice to the government and adjourned substantive hearing to October 8, clarifying that the writs will be heard on merits even if election notifications are issued.
- The bench questioned the propriety of using a government order while amendment bills are pending with the Governor and directed that any move must comply with constitutional and legal limits.
- The government cited legislative competence, empirical findings from the SEEEPC survey, and a commission’s recommendation for at least 42% representation, noting the bills were unanimously passed but await assent.