The Allahabad High Court in the case Vikash Agarwal vs. State Of U.P. Thru. Addl. Chief/Prin.Secy. Urban Development Urban Development U.P. Lko. And Others observed and has directed the Uttar Pradesh government for uploading the report on its website which is to be prepared by the dedicated Uttar Pradesh Backward Classes Commission in order to study the representation of Other Backward Class, OBCs in the urban local bodies.
The bench comprising of Justice Rajan Roy and Justice Manish Kumar in the case observed wherein a writ plea is filed by one Vikas Agrawal challenging the government notification which is to be issued on 30.03.2023, with regards to the reservation to Nighasan Nagar Panchayat.
The court noted that the commission was set up in the month January this year tasked with the primary responsibility for collecting the empirical data on the political backwardness of the community and to look into the issue of reservation for Other Backward Classes, OBCs in the urban local body elections.
In the present case, the petitioner filed a plea that the report of the commission is not in the public domain wherein making impossible for him to file his objections to same. Thus, the petitioner moved the High Court for seeking certain relief in the matter. It has been submitted by the counsel appearing for the State Government that although there is no requirement in law for providing the said report but if it is to be ordered by the court the same will be uploaded on the official website of the Urban Development Department, Government of U.P. It has also been stated by the court that it being important to note that the report of the Commission was to be submitted to the UP govt last month. Therefore, the UP govt also informed the Top Court that the report has been accepted by the UP Cabinet.
The Apex Court in the case observed and has also permitted notifications on 27.03.2023, for setting up the election process in the State of Uttar Pradesh with OBC quota within two days for the local bodies, thus, wherein the State of Uttar Pradesh allowed the State Election Commission to issue the notification in two days in this regard with an OBC quota in terms of a report of the Uttar Pradesh Backward Classes Commission. Accordingly, the Court directed the state government for uploading the aforesaid website within four days.
