The high court directed the state government to file its counter-affidavit within four weeks, while petitioners were granted two weeks thereafter to submit their responses.
Published Oct 09, 2025 | 5:57 PM ⚊ Updated Oct 09, 2025 | 7:39 PM
The Telangana High Court. (Official website)
Synopsis: GO No. 9, which sought to provide 42 percent reservations for BCs in both rural and urban local bodies, was challenged by Buttembare Madhav Reddy and Samudrala Ramesh, who argued that the move breached the 50 percent ceiling on total reservations laid down by the Supreme Court.
In a significant development, the Telangana High Court on Thursday, 9 October, issued interim orders staying the implementation of 42 percent reservation for Backward Classes (BCs) in local body elections, as notified by Government Order (GO) No. 9 issued recently by the Congress-led state government.
The high court passed the interim order after two days of detailed hearings on a batch of petitions challenging the GO.
The court also stayed the election notification issued earlier in the day by the Telangana State Election Commission (TSEC), effectively halting the entire process. The Commission is expected to issue formal directions shortly, keeping the election process on hold.
The high court directed the state government to file its counter-affidavit within four weeks, while petitioners were granted two weeks thereafter to submit their responses. The matter will next be heard after four weeks.
GO No. 9, which sought to provide 42 percent reservations for BCs in both rural and urban local bodies, was challenged by Buttembare Madhav Reddy and Samudrala Ramesh, who argued that the move breached the 50 percent ceiling on total reservations laid down by the Supreme Court.
In support of the government’s decision, BC leaders, including R. Krishnaiah and V. Hanumanth Rao, filed implead petitions, contending that the enhanced quota was justified given the substantial BC population in Telangana.
Appearing for the government, Advocate General (AG) A Sudarshan Reddy told the court that the Telangana Legislative Assembly had unanimously passed a resolution supporting 42 percent reservations for BCs, citing their political backwardness and the findings of a comprehensive, scientific caste survey conducted across the state.
He informed the bench that the survey—Telangana’s first comprehensive caste-based enumeration since Independence—found that BCs constitute 57.6 percent of the state’s population, thereby making 42 percent reservation a fair and reasonable proportion. The AG said the enumeration was conducted through door-to-door data collection and had faced no public objections.
The AG further argued that the Assembly resolution had legal validity and reflected the will of the people. He cited a Supreme Court ruling in a Tamil Nadu case, noting that if the Governor fails to act on a Bill within three months, it is deemed to have received assent.
The government counsel also submitted that once the Election Commission’s notification is issued, the courts cannot intervene, and referred to earlier Supreme Court observations discouraging interference in the electoral process.
After hearing extensive arguments from both sides, the bench observed that the constitutional validity of GO No. 9 needed closer examination before elections could proceed under its provisions. Accordingly, the court granted an interim stay on both the GO and the election notification.
(Edited by Majnu Babu).
