Clearing the way for holding urban local body polls in Uttar Pradesh with Other Backward Classes (OBC) quota, the Supreme Court on Monday allowed the State Election Commission to go ahead with the notification in this regard after the State said the commission set up to complete the triple test requirement laid down by the top court for providing this quota had submitted its report.

On January 4, the SC had stayed the Allahabad HC’s direction to the UP Election Commission to proceed with the polls without reservation for OBCs.

Appearing for the State, Solicitor General Tushar Mehta on Monday told the bench of Chief Justice D Y Chandrachud, and Justices P S Narasimha and J B Pardiwala that the commission had submitted its report to the state Cabinet on March 9, 2023.

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Taking note, the bench said in its order, “Though the tenure of the commission was six months, it was to complete its task by March 31, 2023…. The Solicitor General informs that the report has been submitted on March 9, 2023 to the cabinet. The process of notifying the local body elections is going on and will be done in two days. The plea is disposed of. The direction in this order is not to be used as precedent.”

The HC had issued the direction taking into account that the state government had not fulfilled the triple test requirement laid down by the top court for such reservation.

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The triple test requires the state to, first, set up a commission to conduct rigorous empirical inquiry into the nature and implications of the backwardness qua local bodies, within the state; to specify the proportion of reservation required to be provisioned local body-wise in light of recommendations of the commission, so as not to fall foul of overbreadth; and, third, in any case such reservation shall not exceed aggregate of 50 per cent of the total seats reserved for Scheduled Castes/Scheduled Tribes.

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