SC to hear UP's plea against HC order quashing ULC poll notification on Jan 4

New Delhi: The Supreme Court on Monday agreed to hear on January 4 the Uttar Pradesh government's appeal challenging an Allahabad High Court order quashing its draft notification on urban local body elections and directing it to hold the polls without reservation for other backward classes (OBCs).

A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha took note of the submissions of Solicitor General Tushar Mehta, appearing for the state government, saying the matter needed an urgent hearing.

The law officer said the Allahabad High Court has ordered the authorities to conduct elections without the OBC reservation and sought it to be heard urgently. "We will take it the day after tomorrow," the bench said.

Earlier, the state government had moved the top court with its appeal against the December 27 order of the high court. The plea said the high court cannot quash the December 5 draft notification which provided for reservation of seats in the urban civic body polls for OBCs apart from those for scheduled castes, scheduled tribes and women.

The appeal, filed through advocate on record Ruchira Goel, said the OBCs are a constitutionally protected section and the high court erred in quashing the draft notification.

The Uttar Pradesh government recently appointed a five-member commission for going into the entire gamut of issues for providing reservation to the OBCs in the urban local body polls.

The panel will be headed by Justice (Retd) Ram Avtar Singh. The four other members are retired IAS officers Chaub Singh Verma and Mahendra Kumar, former legal advisors to the state Santosh K Viskarma and Brajesh K Soni.

The Lucknow bench of the high court had ordered that the state government notify the polls "immediately" as the term of several municipalities would end by January 31, while annulling the December 5 draft notification.