UP government to file appeal in SC, against the High court order

According to sources, the government will appeal the High Court’s decision to the Supreme Court. In a statement, Chief Minister Adityanath announced that his administration would establish a survey committee to make sure that the OBCS receives the advantages of reservation based on the triple test.Earlier in the day, the Lucknow Bench of the Allahabad High Court ruled that no reservation for members of the Backward Class of citizens would be allowed in the urban local body elections until the state government had fully complied with the Supreme Court’s triple test/conditions.\It is directed that the State Government/State Election Commission shall notify the elections immediately, the Bench of Justices Devendra Devendra Kumar Upadhyaya and Saurabh Lavania wrote in their order. The term of municipalities has either ended or shall be coming to an end by January 1, 2023, and the process of completion of triple test/conditions being arduous, is likely to take considerable time.According to the Supreme Court’s triple test, the state must: 1. Create a commission to conduct a rigorous empirical inquiry into the causes and effects of the state’s local bodies’ backwardness; 2. Determine the percentage of reservations that must be provided locally in light of the commission’s recommendations in order to avoid overbreadth; and 3. In any case, such reservations must not total more than 50%.After hearing a number of PILS that claimed the state government was acting in complete defiance of the Supreme Court’s order in the Suresh Mahajan v. State of Madhya Pradesh case, the High Court issued its order saying that while notifying the elections, the seats and offices of chairpersons, except those to be reserved for SC and ST, shall be notified as for general/open category.
 Source : Live Law The petitioners said that the Supreme Court explicitly instructed the states, UT, and their respective Election Commissions that no reservation for OBCs can be offered until the state government has satisfactorily passed the triple test in all areas.directing authorities to \We appreciate that collection and consolidation of materials by the specialised Commission is a massive and time-consuming task, the High Court said in a statement about the elections. However, due to a constitutional requirement under Article 243-U of the Indian Constitution [which requires that elections to form a municipality be finished before the end of its term], the election-based formation of elected municipal entities cannot be postponed. Elections must therefore be held as soon as possible in order to strengthen the democratic nature of societal governance.The court further stated that reservation for women in terms of the constitutional provisions must be included in the election notification.Comment.