THE Supreme Court has allowed Andhra Pradesh government to go ahead with the process for conducting elections to the Greater Hyderabad Municipal Corporation (GHMC) with â€˜creamy layerâ€™ OBC candidates contesting from the reserved constituencies.
A bench comprising Chief Justice KG Balakrishnan and Justice P Sathasivam in its interim order put on hold Andhra Pradesh high court order. The high court had stayed the poll process after various groups alleged discrepancies in reservations and voters lists.
The bench said that the elections to the civic body will be conducted without depriving the right of creamy layer within the OBCs to contest from 50 reserved seats. However, it will be subjected to the outcome of the final order of the high court, it said.
â€œLet candidates take the riskâ€, the bench said, adding â€œelection will go on subject to the outcome of the result of the writ petitions.â€
The bench further said, it was difficult to identify and indicate in the voters list about the creamy layer.
"Whether creamy layer or no creamy layer, the backward classes will vote. When there is no question of excluding them from voters list how can they be prevented from contesting?â€ the court asked.
Petitions are pending in the high court alleging discrepancies in reservations and in votersâ€™ lists. The delimitation of certain divisions is also under challenge in the high court. The apex court passed the order on the plea of state government. Attorney General G E Vahanvati appearing for the government said, how can the entire election process be stopped on the issue of creamy layer? There is no rule to exclude creamy layer from contesting the elections, said Vahanvati.
Senior advocate Harish Salve, appearing for some persons on whose petitions the high court had stayed the polls, however, said the objection to holding the polls without excluding creamy layer was being raised because â€œit will lead to caste-based electionsâ€. Backward classes means socially and educationally backward classes and not classes based solely on castes, Mr Salve said.
The high court had restrained the state government from issuing the poll notification for elections to the 150 wards.
Every time an offender stealthily leaves India to take refuge in another country, the Government of India starts all over again with its strategy of bringing him back to the nation to make him stan More
Helplinelaw can set up your session with quality and experienced lawyers to discuss and resolve your legal matters. You can avail consultation in form of sending questions, phone call or webchat discussion More