HC extends stay on GO 9 granting 42% BC quota in panchayat polls

Hyderabad: The Telangana High Court division bench of Chief Justice Aparesh Kumar Singh and Justice Ghouse Meera Mohiuddin on Wednesday extended the interim stay on GOs 9, 41 and 42 (dated September 26) which together provide 42% reservation for Backward Classes in the upcoming Panchayat Raj elections. The stay will remain in force until January 29, 2026, the date fixed for final hearing. The impugned GOs were earlier stayed on October 9, when the bench issued notices to the Chief Secretary, Principal Secretaries (Panchayat Raj, General Administration (GAD), BC Welfare, Law and Legislative) as well as the Chief Electoral Officer, directing them to file responses within four weeks.

In its October order, the bench noted that the State had breached the 50% upper ceiling on reservations, as laid down by the Supreme Court in Vikas Kishanrao Gawali, by extending 42% BC quota in local body elections — resulting in a total reservation of 67%, which exceeds the permissible limit. Finding prima facie violation, the court stayed GO 9 and related GOs 41 and 42.

On the previous date, the court had directed both the State government and the petitioners in the batch of 10 writ petitions to file counter-affidavits, rejoinders, and brief synopses. However, as the required filings were not submitted on Wednesday, the bench adjourned the case to January 29, while continuing the interim stay.

The batch of pleas includes writs filed by Buttemgari Madhav Reddy, a social activist from Medchal–Malkajgiri district, and anothe petition by Goreti Venkatesh from Nalgonda. A writ petition by S Laxmaiah, general secretary, Madiwala Machadeva Rajakula Sangham, Dharur (Vikarabad) and C Shanthappa, advocate from Baghlingampally. Six other petitions challenging validity of GOs 9, 41 and 42 were filed seeking their suspension, contending that the enhanced reservation violates constitutional mandates.