Telangana High Court wondered how the government issued a GO on BC Reservations, even before the Governor decided on the Bill, approved by the state assembly.
“If the bill is passed in the assembly, will it become a law? Shouldn’t the governor approve the bill? How can a GO be issued increasing the reservation for Backward Classes (BCs) in local bodies to 42 percent as stipulated in the bill, even after 3 months of sending the bill to the governor? What is the legality of GO 9?”, it asked.
“How can they decide to go for local body elections in accordance with that GO? How can the authorities issue subordinate legislation without the approval of the bill?” the High Court questioned the state government. The High Court held a hearing on the urgent petitions filed challenging GO 9 for about an hour and a half on Saturday. On this occasion, it peppered the government with several questions.
“No party in the assembly opposed the government’s decision to provide 42% reservation for BCs. The government’s intention may be good. However, the policy followed by the government regarding the increase in reservations should be legal, right? Can the government enact subordinate legislation without the Governor’s approval in accordance with the resolution passed by the Assembly to repeal Section 285A of the Panchayat Raj Act?”, the High Court asked.
“What is the government’s hurry to send the bill to the Governor and not reject it for a month? How can the Governor issue GO 9 without that clause? Why is it not waiting until the Governor approves it?” it asked. “Please inform the government of the law and the court ruling that allows it to move forward even though the bill is pending with the Governor.”
It stated that the hearing on the petition will be postponed as requested by the government. Does the government guarantee that the election notification will not be issued until then?, it asked. It said that if the government does not give assurance, the implementation of GO 9 will have to be stopped. On the other hand, if the status quo order is issued, the study conducted by the Dedicated Commission on the population/conditions of BCs for the local body elections and other issues will become a big problem.
The High Court made it clear that the government should tell what to do. With this, Advocate General (AG) A Sudarshan Reddy, who left the High Court to get the government’s explanation, returned after a few minutes. When he said that no officials responded, the High Court issued a rare decision. It said that the next hearing is being postponed to October 8, and in the meantime, if the State Election Commission issues a notification for the local body elections, the petitions before them will be available for hearing.