The Telangana High Court has reiterated that the Supreme Court’s 50% ceiling on reservations applies to local body elections as well and that any enhancement in the quota for Other Backward Classes must adhere to the “triple test” framework.
A detailed copy of the court’s order was uploaded on the Telangana High Court website late Friday night.
Court Reiterates 50% Reservation Ceiling
Issuing an interim stay on the state government’s order providing 42 per cent reservation for Backward Classes in local body elections, the High Court said the move violates the constitutional ceiling on quotas.
“We are, therefore, of the prima facie view that the respondents/State have failed to adhere to the criteria of 50 per cent upper ceiling as laid down by the Hon’ble Supreme Court in Vikas Kishanrao Gawali (supra) by issuance of G.O.Ms.No.9, dated 26.09.2025, whereby 42 per cent reservation has been provided to the OBCs in the local bodies, thereby breaching the ceiling of 50 per cent to a total of 67 per cent reservation in local bodies,” the court stated.
The bench also stayed two consequential government orders—G.O. Nos. 41 and 42—linked to the same issue.
Triple Test Framework Explained
The “triple test” prescribed by the Supreme Court requires states to:
- Set up a dedicated commission to collect empirical data on OBC representation in local bodies.
- Determine the proportion of the reservation based on the commission’s findings.
- Ensure the combined quota for SCs, STs, and OBCs does not exceed 50 per cent.
- The court observed that the Telangana government’s move failed to satisfy these criteria.
Impact On Local Body Polls
Following the High Court’s interim stay, the Telangana State Election Commission on Thursday announced that all activities related to the ongoing poll process would be suspended until further notice. The SEC had earlier issued the election schedule on September 29 for a 5-phase polling process in rural local bodies to be conducted between October and November.
The division bench, comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin, directed the state government to file its counter affidavit within four weeks. The petitioners were given two additional weeks to file their replies, if necessary.
“In the meantime, there shall be an interim stay of the impugned notification,” the Chief Justice said in the order.
Government May Approach Court
With the court’s stay halting the implementation of the enhanced quota, Congress sources indicated that the state government might approach the Supreme Court seeking to vacate the stay.
The petitions challenging the order were led by senior counsel K. Vivek Reddy, who argued that the government’s move breached the 50 per cent cap and violated the Supreme Court’s guidelines. “There is no exception for backward classes. The GO also violates the Triple Test laid down by the Apex Court,” he said.
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