Telangana govt moves SC over stay on 42 percent BC reservation

Hyderabad: Telangana government on Tuesday, October 14 moved to the Supreme Court against the stay on Government Order 9 imposed by the Telangana High Court.

The GO is related to 42 percent reservation for backward classes in Telangana for the local body elections. The state government has filed a special leave petition (SLP) in the Supreme Court. The case is likely to be heard on October 16 or 17 depending on the approval of the Chief Justice of India (CJI).

The move comes after the Telangana High Court had put a stay on the government order on October 9.

In its SLP, the State government contended that the Constitution does not explicitly prescribe any 50 percent ceiling on reservations. Despite this, the High Court stayed the implementation of GOMs 9, the petition said.

The government also cited the landmark Indira Sawhney vs Union of India judgment, pointing out that the ceiling could be exceeded under special circumstances.

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It stated that all procedures mandated in the Vikas Kishanrao Gawali vs State of Maharashtra case were followed while extending 42 percent reservations to BCs. A government order was issued to increase the quota, and a comprehensive SEEPC survey was conducted to assess the extent of reservation.

According to the survey, BCs constitute 56.33 percent of the State’s population. Based on the recommendations of a commission headed by retiredIASofficer B Venkateshwara Rao, the government decided to fix the reservation at 42 percent.

The Telangana BC Reservations Bill 2025 was subsequently passed by both the Assembly and Legislative Council on March 17 and 18 and sent to the governor for assent. The governor forwarded it to the President on March 30. Following this, the Union Home Ministry sought clarifications from the State on June 12, and the replies were submitted on July 22.

Since then, the bills have neither been returned nor approved, the State government told the Supreme Court.

The SLP further stated that if the Governor or President does not act on Bills passed by the State Legislature within three months, they are deemed to have been approved. Considering all these factors, the government urged the Supreme Court to strike down the High Court’s stay and allow the conduct of local body elections with 42 percent reservations for BCs.

This article has been updated with additional information.

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