The Supreme Court bench comprising of Chief Justice DY Chandrachud and Justice PS Narasimha observed and has stated that the court will hear the plea filed the government of Uttar Pradesh against the decision of Allahabad High Court asking the State to conduct urban local body polls without OBC reservations on 4th January. The present petition was mentioned by Solicitor General of India Tushar Mehta who sought an urgent listing of the matter. It has been directed by the Allahabad High Court that the State Election Commission to immediately notify the Urban Local Body Polls without OBC reservation. Thus, it has been ordered by the court as it held that the state government doesn’t fulfil the Triple Test Formality as laid down by the Apex Court. The bench comprising of Justice Devendra Kumar Upadhyaya and Justice Saurabh Lavania observed and has held that Polls notification shall include the reservation for women in terms of the constitutional provisions. In the present case, the draft notification has been quashed by the High Court issued by the Uttar Pradesh government on December 5 expressing its intent to conduct Urban Local Body Elections after reserving of 4 mayor seats in the state for Other Backward Classes (OBCs) despite not fulfilling the ‘triple test’ formalities as prescribed in the case of Vikas Kishanrao Gawali v. State of Maharashtra & Ors by the Supreme Court for determining the political backwardness of OBCs. It has been directed by the High Court, while notifying the elections the seats and offices of Chairpersons, except those which are to be reserved for Scheduled Castes and Scheduled Tribes, shall be notified as for general/open category. Thus, the notification which is to be issued for the elections shall include the reservation for women in terms of the constitutional provisions. Accordingly, the court agreed to hear the matter on 4th January, 2023.
