The State government has lodged a Special Leave Petition (SLP) in the Supreme Court, challenging the High Court’s order to stay GOMs 9, a government measure providing a 42 per cent reservation for Backward Classes (BCs) in local body elections. The initial stay was issued by the High Court on September 9, following two petitions that opposed the government order on the grounds that it violated the existing 50 per cent ceiling on reservations.
In its SLP, the State government contended that the Constitution does not explicitly stipulate any 50 pc ceiling on reservations, arguing that the High Court’s stay was therefore unwarranted. The petition cited the landmark Indira Sawhney vs Union of India judgement, which permits the ceiling to be exceeded under "special circumstances."
The government asserted that all procedures mandated in the Vikas Kishanrao Gawali vs State of Maharashtra case were followed when extending the 42 per cent reservation. This included issuing a government order to increase the quota and conducting a comprehensive SEEPC (Socio-Economic and Educational) survey to assess the required extent of reservation. The survey concluded that BCs constitute 56.33 per cent of the State’s population, leading the government, based on recommendations from a commission headed by retired IAS officer B. Venkateshwara Rao, to fix the reservation at 42 per cent.
The State also highlighted the legislative timeline: The Telangana BC Reservations Bill 2025 was passed by both the Assembly and Legislative Council on March 17 and 18, respectively, and then forwarded to the Governor for assent. The Governor, in turn, forwarded it to the President on March 30th. Although the Union Home Ministry sought clarifications on June 12th, and replies were submitted on July 22nd, the Bills have since neither been returned nor approved.
The SLP further argued that if the Governor or President does not act on Bills passed by the State Legislature within three months, they should be deemed to have been approved. Considering these factors, the government urged the Supreme Court to strike down the High Court’s stay and permit local body elections to proceed with the 42 per cent reservation for BCs.
Also read: Telangana HC adjourns hearing on 42 pc BC quota
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