Lucknow, Dec 27 (FN Representative) The Lucknow Bench of Allahabad High Court on Tuesday said no reservation should be provided to Other Backward Class (OBC) until triple test exercise is completed by the Uttar Pradesh government and further directed it to notify the election for the urban local bodies forthwith. In its 87 page order on a bunch of petitions, the bench of Justice Devendra Kumar Upadhyaya and Justice Saurabh Lavania said, “It is further directed that until the triple test/conditions as mandated by the Supreme Court is completed in all respects by the State Government, no reservation for Backward Class of citizens will be provided.” It said, “Since the term of Municipalities has either ended or will be coming to an end by January 31 and the process of completion of triple test/conditions being arduous, is likely to take considerable time, it is directed that the State Government/State Election Commission will notify the elections immediately.”
“While notifying the elections the seats and offices of Chairpersons, except those to be reserved for Scheduled Castes and Scheduled Tribes, will be notified as for general or open category. The notification to be issued for elections will include the reservation for women in terms of the constitutional provisions,” it added. The court said, “In case, the term of Municipal Body comes to an end, till the formation of the elected Body the affairs of such Municipal Body will be conducted by a three-member Committee headed by the District Magistrate concerned, of which the Executive Officer or Chief Executive Officer or Municipal Commissioner will be a member. The third member shall be a District Level Officer to be nominated by the District Magistrate.” “However, the said Committee will discharge only day-to-day functions of the Municipal Body concerned and shall not take any major policy decision,” it added. The bench said, “We have issued the direction to immediately notify the elections being guided by the provisions of Article 243-U of the Constitution of India which mandates that election to constitute a Municipality will be completed before expiry of its duration.”
It said, “We understand that collection and collation of materials by the dedicated Commission is a humongous and time taking task, however, formation of elected Municipal Bodies by election cannot be delayed for the reason of constitutional mandate contained in Article 243-U of the Constitution of India. Thus to fortify the democratic character of governance of society, it is essential that the elections are held at the earliest which cannot wait.” It ordered, “We also direct that once the dedicated Commission is constituted for undertaking the exercise of conducting empirical study as to the nature and implications of backwardness for the purposes of providing reservation to Backward Class of citizens in the context of elections to the urban local bodies, the claim of transgenders for their inclusion amongst Backward Class of citizens will also be considered.” The bench quashed a notification issued by the Urban Development Department on December 5 inviting objections to the proposed determination of the number of offices of the Chairpersons of different Municipal Bodies to be reserved for the Scheduled Castes, the Scheduled Tribes, Backward Classes and Women. It also quashed the Government Order issued by the government on December 12 which provides for operation of bank accounts of Municipalities under joint signatures of Executive Officers and the Senior Most Officer in Uttar Pradesh Palika Centralised Service (Accounts Cadre).