Telangana High Court stays 42% BC quota in Local Body polls
Hyderabad: In a setback to Telangana government, the Telangana High Court has issued an interim stay halting the state government's implementation of a 42% reservation for Other Backward Classes (OBCs) in local body elections. The court has also established a strict timeline for the state to justify its decision, which faces challenges for potentially exceeding the Supreme Court's 50% reservation cap.
The bench, led by Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin, issued the order following extensive arguments on petitions challenging Government Order No. 9 and related orders dated September 26, 2025.
The petition, filed by Appammagari Ram Reddy, contends that the 42% quota for Backward Classes in Panchayat Raj institutions, combined with existing reservations for Scheduled Castes (SCs) and Scheduled Tribes (STs), surpasses the 50% limit established by the Supreme Court.
The court granted temporary relief to the petitioners by ordering an immediate stay on the 42% OBC quota. The State Government has four weeks to submit a detailed counter-affidavit, after which the petitioners have two weeks to file their rejoinder. The court approved all implead applications and stated that detailed reasoning would be provided.
The state's counsel argued that Article 243-O of the Constitution of India prohibits courts from questioning the validity of laws concerning the delimitation of constituencies and the allocation of seats. With the election notification already issued, counsel asserted that this article serves as an absolute bar to any petitions challenging the process at this stage.
Dispute Over Reservation Data and Census
Moreover primary concern raised against the election process is the data used to determine seat reservations for Backward Classes (BCs), Scheduled Castes (SCs), and Scheduled Tribes (STs).
Further Petitioner's counsel argued that the state government used different datasets for various communities, relying on a recent state socio-economic survey for BCs and the 2011 national census for SCs and STs.
The state's counsel defended this approach, stating that for SCs and STs, the Constitution under Article 243-D mandates that reservation be proportionate to their population. Furthermore, Article 243-F defines population as the figures published in the last preceding census. “The only census available now is the census of the central government of 2011 only,” the counsel argued. “After 2011, a census is not conducted across the country. Therefore, what is available is only the 2011 census.”
State's Defense and the Road Ahead
On Wednesday, the hearing focused on the Supreme Court's 'Triple Test' mandate, which requires states to establish a commission for empirical inquiry into backwardness, determine reservation proportions based on the commission's recommendations, and ensure that combined reservations for SCs, STs, and OBCs do not exceed 50% of total seats.
Meanwhile Senior Advocate A.M. Singhvi, representing the state, who made the arguments on Wednesday said that Telangana has met the first two requirements by conducting comprehensive data collection and appointing an expert commission, which included a retired Supreme Court judge, to support the 42% quota.
Singhvi maintained that the 50% cap is not absolute and may be exceeded if supported by empirical evidence of a significant OBC population and their backwardness. He requested the court to interpret the triple test with flexibility.