The state government, in its appeal against the December 27 order, said the HC cannot quash the December 5 draft notification which had provided reservation of seats in the urban body polls for the OBC – apart from those for the Scheduled Castes, Scheduled Tribes and women.
The appeal said OBCs are constitutionally protected section and the HC erred in quashing the draft notification.
The Lucknow bench of the HC had ordered that the state government should notify the polls “immediately” without the OBC reservation as the term of several municipalities would end by January 31.
Hours after the order, UP CM said the state government would set up a commission to extend the quota benefit to OBCs in the ULB polls.
“In the context of urban local body polls, a commission would be set up which would fix the reservation for the OBCs as per the triple test formula,” he had tweeted.
The CM had said all legal options would be explored and if needed, the government would move the Supreme Court. “ULB polls would be held only after extending the quota benefits to OBCs,” he had said.
(With inputs from agencies)
