Panchayat Polls 2026 | In Contempt Plea, Allahabad HC Asks UP Govt To Specify Timeframe For Forming OBC Commission

Hearing a contempt petition concerning the delay in constituting a dedicated Other Backward Classes (OBC) Commission for the upcoming Uttar Pradesh Panchayat elections, the Allahabad High Court on Tuesday issued notice to the Principal Secretary of the State's Department of Panchayati Raj.A bench of Justice Saurabh Lavania has asked the concerned authority to file an affidavit within 3 weeks specifying the exact timeline for the formation of the Commission. The case will be heard next on May 19.The Court was dealing with a contempt petition filed by Advocate Moti Lal Yadav. This plea was moved approximately 2 months after the HC disposed of a PIL filed by him on the same issue, after considering the UP Govt's submission that it is in the process of constituting an OBC Commission to ensure Panchayat elections as per law.Advocate Yadav's contempt plea alleges that the state authorities had willfully not complied with the HC's order and hence, they are liable to be punished under Section 12 of the Contempt of Courts Act 1971.BackgroundBriefly put, the original PIL plea by the same petitioner had contended that without the formation of such a commission, the state cannot fulfil the “Triple Test” criteria laid down by the Supreme Court in the case of Vikas Kishanrao Gawali v. State of Maharashtra & Ors. LL 2021 SC 13.For context, in the Vikas Kishanrao Gawali case, the Apex Court noted that a triple test is to be followed before provision of reservation for the OBC category. The said triple test involves(1) setting up a dedicated Commission to conduct a contemporaneous rigorous empirical inquiry into the nature and implications of the backwardness qua local bodies, within the State;(2) specifying 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(3) not exceeding an aggregate of 50 percent of the total seats reserved in favour of SCs/STs/OBCs taken together.The petition had also stated that if the commission is not formed and the elections are conducted based on the 2021 reservation list, it would violate the UP Panchayat Raj Act, 1947, and the directions of the Supreme Court.The PIL had highlighted that the State Election Commission had already assured that preparations are on track for the three-tier Panchayat elections scheduled for April to July 2026.It had added that the State Election Commission can initiate the formal process only after the state government finalises the reservation of seats.The petitioner had also expressed fears that the delay in forming the commission could push the local body polls to 2027 and this could potentially merge the schedule with the State Assembly elections.Referring to Section 11A(2) of the U.P. Panchayat Raj Act, 1947, the PIL plea had stated that OBC seats must be reserved strictly according to population data derived from a valid empirical survey.

Panchayat Polls 2026 | In Contempt Plea, Allahabad HC Asks UP Govt To Specify Timeframe For Forming OBC Commission

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Panchayat Polls 2026 | In Contempt Plea, Allahabad HC Asks UP Govt To Specify Timeframe For Forming OBC Commission

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