Panchayat Polls 2026 | PIL In Allahabad High Court Seeks Direction To CM Adityanath To Constitute OBC Commission

A Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court (Lucknow Bench) seeking a direction to the Uttar Pradesh CM, Yogi Adityanath, to decide on the constitution of a dedicated Other Backward Classes (OBC) Commission ahead of the 2026 Panchayat elections. The PIL has been filed by Advocate Moti Lal Yadav, which argues that the proposal to form a 6-member dedicated OBC commission has been pending before the state cabinet (led by Respondent No. 1, CM Adityanath) for more than 5 months. The plea contends 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 had noted that a triple test is to be followed before provisioning 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 states 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 highlights that the State Election Commission has already assured that preparations are on track for the three-tier Panchayat elections scheduled for April to July 2026. It adds that the State Election Commission can initiate the formal process only after the state government finalises the reservation of seats. The petitioner has 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. Unusually, the writ petition arrays the “Hon'ble Chief Minister Through Cabinet Secretary” as the first respondent. The primary relief sought is a mandamus directing the Chief Minister (as head of the Cabinet) to decide on the pending proposal to form the commission. Referring to Section 11A(2) of the U.P. Panchayat Raj Act, 1947, the PIL plea states that OBC seats must be reserved strictly according to population data derived from a valid empirical survey.

Panchayat Polls 2026 | PIL In Allahabad High Court Seeks Direction To CM Adityanath To Constitute OBC Commission

Sparsh Upadhyay

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