Yogi Adityanath opposes keeping changes despite court setback – Flying Journals


Yogi Adityanath said, “We have formed a committee which will investigate the OBC”.

Lucknow:

Uttar Pradesh Chief Minister Yogi Adityanath announced that the state will have reservations about the Other Backward Classes or OBCs in local institutions and will investigate them in line with Supreme Court guidelines. He said the election would not be held until the investigation and approval of the reservation was made and if required, the state would go to the Supreme Court to challenge the Allahabad High Court’s order to notify the election immediately.

“We formed a committee that will conduct investigations against OBCs based on Supreme Court guidelines. We will not conduct elections without providing reservations to OBCs. If required, we will go to Supreme Court against High Court orders,” Yogi said. Adityanath said this shortly after the High Court annulled the draft notice of the state government for the election of local bodies in the city and ordered the OBC to hold the election without reservation.

Allahabad High Court Judge DK Upadhyay and Judge Saurav Lavania’s division also blocked the reservation to the OBC, dismissing the state’s draft notification dated December 5. The judge ordered the Election Commission to issue election notices immediately.

Earlier this month, the state released a provisional list of reserved seats for mayors of 17 municipal corporations, chairpersons of 200 city councils and 545 nagar panchayats – about 30 percent reserved, as offered during the 2017 election like that.

Four mayoral seats – Aligarh, Mathura-Vrindavan, Meerut and Prayagraj – are reserved for OBC candidates. In addition, 200 chairperson seats in municipal councils are reserved for OBC and 147 chairperson seats out of 545 nagar panchayats are also reserved for OBC candidates.

The plan to offer reservations to OBCs without a Supreme Court-mandated inquiry has drawn criticism from the opposition Samajwadi party and Bahujan Samaj chairman Mayawati, who has filed a petition in the High Court against the government’s move. The petitioners argued that the state government must follow the Supreme Court order to form a commission to study the political backwardness of the OBC before the reservation can be determined.

In 2021, the Supreme Court ruled that states should conduct a “triple test survey” to obtain contemporary data on the OBC before deciding on quota percentages. The point of contention is that political quotas are measured differently than those of employment and education, and a survey is needed to determine the nature and pattern of lag.

“Social and economic backwardness does not necessarily coincide with political backwardness,” the Supreme Court has said.

The triple-test formula requires states to appoint a committee that collects quantifiable data on communities and assign them reserved seats in local bodies so that each seat does not exceed 50% of the total reserved seats.

Judge Lucknow of the Allahabad High Court dismissed the state government’s contention that it conducted a quick survey that was as good as the triple test formula.



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