A two judge bench of the High Court at Hyderabad comprising Chief Justice T.B.N. Radhakrishnan and Justice Ramesh Ranganathan on Monday stayed the G.o.Rt No.396 dated 21.06 2018 issued by Telangana government providing reservation to SC,ST and BC in excess of 50 per cent in local body elections.
The bench passed this order on a writ petition filed by V. Swapna Reddy. Vedula Srinivas Counsel for the petitioner submitted to the court that the reservation granted in excess of 50 per cent was against
the law laid down by Supreme Court in Krishna moorthy case. The bench found that there was a cap of 50 per cent on the total reservation.
Speaking for the bench Chief Justice T.B.N Radhakrishna pointed out that this bench was bound by that order therefore the State could not proceed with by-elections on a earmarked percentage above the permitted 50 per cent. The bench clarified that this order, however, would not apply to STs in schedule areas.