Allahabad HC Seeks Explanation From UP Govt Over Delay In OBC Panel Formation

The Allahabad High Court (Lucknow bench) has issued a contempt notice to a senior Uttar Pradesh government official over the delay in constituting an Other Backward Classes (OBC) Commission, a key requirement for conducting panchayat elections in the state.

A bench led by Justice Saurabh Lavania directed Principal Secretary (Panchayati Raj) Anil Kumar to clarify the timeline for setting up the commission, noting that the state had earlier assured the court that the process was underway. The matter will be heard next on May 19.

The notice came on a petition filed by M L Yadav, who alleged that despite a commitment made before the court in February, the government has yet to establish the OBC panel. The court observed prima facie that the delay could amount to a violation of the assurance given earlier.

The issue has gained urgency as the tenure of panchayats in Uttar Pradesh is nearing completion. The absence of the commission has stalled preparations for local body elections, as reservation for OBCs depends on the panel’s recommendations.

The OBC Commission plays a crucial role in determining reservation for backward classes in local body elections by collecting empirical data on the socio-economic status of communities and recommending the extent of reservation required. The Supreme Court of India has mandated that states must follow a structured process before granting OBC reservations . In the landmark Vikas Kishanrao Gawali case, the court laid down a “triple test” requiring the constitution of a dedicated commission, collection of quantifiable data, and determination of reservation limits based on that data.

Without fulfilling these conditions, OBC reservations risk being struck down by courts, potentially disrupting the electoral process. With the commission yet to be formed, the process of finalising reservation quotas remains incomplete, raising concerns over delays in conducting panchayat elections. The court is expected to further examine the matter on the next date of hearing.