The Bench directed the TSEC to treat the areas covered under the additional 17 per cent reservation as general seats and to proceed with the polls as per the existing reservation pattern prior to the issuance of GO 9.
Finding fault with the State Government for not following the “triple test” laid down by the Supreme Court before enhancing reservations — which mandates empirical data collection, a commission-based study, and adherence to the 50 per cent ceiling limit — the court observed that the One-Man Commission Report relied upon by the government was neither published nor subjected to public objections, thereby violating earlier High Court directions.
Citing that Section 285A of the Telangana Panchayat Raj Act, 2018, enforces the 50 per cent ceiling on total reservations for SCs, STs, and BCs, the Bench ruled that the State’s action breached this statutory and constitutional limit.
The court, which extensively heard the matter on October 8 and 9, referred to multiple Supreme Court precedents in its detailed interim order. The State Government was granted four weeks to file its counter-affidavit, and the petitioners two weeks thereafter to file their replies.
With this order, the High Court has effectively stayed the operation of GO 9, ensuring that the local body elections will proceed under the earlier reservation framework until the final adjudication of the case.
