Thread by @barandbench

#SupremeCourt to shortly hear the plea of Uttar Pradesh government challenging the Allahabad High Court order directing the state poll panel to hold urban local body elections without reservation for the Other Backward Classes (OBCs)

Allahabad HC had held that the state government failed to fulfill the ‘Triple Test’ formality laid down by Supreme Court as prescribed in the case of “Vikas Kishanrao Gawali vs State of Maharashtra & Ors to determine the political backwardness of OBCs #OBC

CJI: You say that UP has constituted the Backward class commission? is the official notification out?

SG Tushar Mehta points out the page

CJI: Tell us the time frame of this. Term of local bodies expiring by?

SG: January end

SG: Commission can be asked to complete the exercise in 3 months without compromising the quality

CJI: But can there be a constitutional vacuum for 3 months. again holding polls without obc will not be correct since a large part will go unrepresented

CJI: Cannot the commission form a preliminary report. Because you know about Article 243(u).

SG: in extraordinary cases it can be done by the commission so that it continues under some neutral body

CJI: Who are the respondents?

SG: Most of them were PILs before the HC

CJI: How many petitioners in total?

SG: 92

CJI: By when can you serve? how many are here?

Some caveators appear

CJI: serve a copy on respondents.

SG: It is served

CJI: It came up in supplementary because I was informed that 8.30 pm that all caveators were served and then we asked them to list it

SG: Jan 31 is the earliest date when it is expiring. In some it has already expired. those which expired cannot continue due to 243(u).

CJI: How fast can you?

SG: Exercise is to determine the political backwardness

Respondent: judgment says you cannot come up with existing list of OBC and come up with a new one

CJI: Municipal act takes the 1994 list but HC says it does not satisfy the triple test doctrine.

SG: A community can be socially backward and not economically backward so the task is to determine the political backwardness.

CJI: We have to see which term has expired. then we note that a Backward class commission has been constituted. that commission has to ascertain political backwardness in the list of existing OBCs.

CJI: (order) In view of the decision of the Constitution bench in K Krishnamurthy and the decision in Vikas Kishanrao Gawli, the govt of UP has issued notification constituting the UP State Local Bodies dedicated backward classes commission

CJI: The terms of reference to the commission is stated. since the term of some of the local bodies has already expired or expected to expire around jan 31, 2023,

CJI: SG assures the commission will attempt its best to complete its work before march. HC by its judgment has directed (point C). Pending further orders such direction shall remain STAYED

CJI: To ensure that administration of local bodies is not hampered, the govt will be at liberty to issue delegation and financial powers. This is subject to the caveat that no major policy decision shall be taken by the administrator.

CJI: Issue notice on all the applications.