A Bench comprising Justices Vikram Nath and Sandeep Mehta refused to entertain the plea, observing that the Telangana High Court is already hearing similar petitions.
Published Oct 06, 2025 | 2:52 PM ⚊ Updated Oct 06, 2025 | 2:52 PM
Telangana issued a Government Order (GO) raising reservations for Backward Classes (BCs) to 42 percent in local body elections on 26 September. (Representational image).
Synopsis: The petitioner argued that the enhanced 42% BC quota, when combined with 15% for SCs and 10% for STs, pushed total reservations up to 67%, effectively denying fair representation to general category candidates. He said the order also undermined the “triple test” principle — adequacy of representation, backwardness, and administrative efficiency —established in the Vikas Kishanrao Gawali vs. State of Maharashtra (2021) case.
The Supreme Court on Monday, 6 October, dismissed a writ petition challenging a Telangana Government Order (GO) Ms. No. 9, which increased reservations for Backward Classes (BCs) to 42% in local bodies. The increased quota took the overall reservation beyond the 50% constitutional limit.
A Bench comprising Justices Vikram Nath and Sandeep Mehta refused to entertain the plea, observing that the Telangana High Court was already hearing similar petitions.
“Since the matter is pending before the high court, we cannot hear arguments on the same issue,” the bench noted.
Senior advocates Siddharth Dave, Abhishek Singhvi, and ADN Rao, appearing for the state government, informed the court that two petitions on the same subject were under consideration before the Telangana High Court.
The Bench sought to know why the petitioner had approached the Supreme Court under Article 32 of the Constitution. The petitioner’s counsel replied that the apex court was moved since the high court had not granted a stay on the GO.
The judges questioned whether a litigant could directly approach the Supreme Court merely because the high court had declined interim relief. The Supreme Court subsequently dismissed the petition.
The petition, filed by Vanga Gopal Reddy, a farmer, contended that the 26 September 2025 order violated long-standing Supreme Court precedents capping total reservations in local bodies at 50%.
These included the landmark 1992 Indra Sawhney (Mandal Commission) judgement and the 2010 K Krishna Murthy vs. Union of India ruling, both of which held that the ceiling could not be breached for Scheduled Castes (SCs), Scheduled Tribes (STs), or Other Backward Classes (OBCs/BCs), except in rare cases concerning Scheduled Areas.
The petitioner argued that the enhanced 42% BC quota, when combined with 15% for SCs and 10% for STs, pushed total reservations up to 67%, effectively denying fair representation to general category candidates. He said the order also undermined the “triple test” principle — adequacy of representation, backwardness, and administrative efficiency —established in the Vikas Kishanrao Gawali vs. State of Maharashtra (2021) case.
The plea further pointed out that Section 285A of the Telangana Panchayat Raj Act, 2018, limited reservations to 50%, making the GO ultra vires (beyond the powers) to the Constitution and existing law.
It also criticised the state’s reliance on Articles 243D(6) and 243T(6), which allowed reservations for BCs in local bodies but were still bound by judicial limits.
The petition noted that while the Telangana Backward Classes (Reservation of Seats in Rural and Urban Local Bodies) Bill, 2025—seeking to give statutory backing to the enhanced quota—has been passed by the Assembly, it was still awaiting the Governor’s assent.
The government, however, issued the GO preemptively, allegedly bypassing legislative scrutiny and procedural safeguards, it argued.
(Edited by Majnu Babu).
