The State government has filed a Special Leave Petition (SLP) in the Supreme Court challenging the High Court’s stay order on GOMs 9, which provides 42 percent reservations to Backward Classes (BCs) in local body elections.
Two petitions were earlier filed in the High Court opposing the government order, arguing that it violated the 50 percent ceiling on reservations. After hearing the arguments, the High
Court issued a stay on September 9.
In its SLP, the State government contended that the Constitution does not explicitly prescribe any 50 percent ceiling on reservations. Despite this, the High Court stayed the implementation of GOMs 9, the petition said. The government also cited the landmark Indira Sawhney vs Union of India judgment, pointing out that the ceiling could be exceeded under special circumstances.