1

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No 2047 of 2023

(Arising out of SLP(C) No 128 of 2023)

State of Uttar Pradesh

.... Appellant(s)

Versus

Vaibhav Pandey and Anr

....Respondent(s)

WITH

Civil Appeal No 2048 of 2023

(Arising out of SLP(C) No 208 of 2023)

Civil Appeal No 2049 of 2023

(Arising out of SLP(C) No 6297 of 2023)

(D No 203 of 2023)

Civil Appeal No 2051 of 2023

(Arising out of SLP(C) No 6300 of 2023)

(D No 419 of 2023)

Civil Appeal No 2050 of 2023

(Arising out of SLP(C) No 6299 of 2023)

(D No 607 of 2023)

O R D E R

1

Permission to file the Special Leave Petitions granted.

2

Leave granted.

3

By its order dated 4 January 2023, this Court noted that in view of the decision of

the Constitution Bench in Dr K Krishna Murthy v Union of India¹ and of the

1

(2010) 7 SCC 202

Digitally signed by

Sanjay Kumar

Date: 2023.03.29

13:38:20 IST

Reason:

Signature Not Verified

2

three-Judge Bench in Vikas Kishanrao Gawali v State of Maharashtra², the

Government of Uttar Pradesh issued a notification dated 28 December 2022

constituting the Uttar Pradesh State Local Bodies Dedicated Backward Classes

Commission³. The terms of reference of the Commission were as follows:

“3.1

To conduct the contemporaneous rigorous empirical

inquiry into nature and implications of the backwardness

qua local bodies in the State of Uttar Pradesh.

3.2

On the basis of available records, reports, surveys, and

other data the Commission, ascertain the proportion of

population of backward class of citizens in the total

population, local body wise in order to study in light of

instructions given by Hon’ble Supreme Court and Hon’ble

High Court and to submit the report and

recommendations to the Government.”

4

This Court was apprised of the fact that though the tenure of the Commission

was six months, it would complete the exercise on or before 31 March 2023.

5

Mr Tushar Mehta, Solicitor General, submits that the Commission has submitted

its report on 9 March 2023. The Solicitor General has stated that the notification

for setting in motion the election process for local bodies in the State of Uttar

Pradesh shall be issued within two days.

6

We permit the State of Uttar Pradesh to do so.

7

The direction in the judgment of the High Court to the State of Uttar Pradesh to

hold elections to local bodies in Uttar Pradesh without reserving seats for

backward classes of citizens is set aside and shall stand substituted by the

present order of this Court.

8

The appeals are accordingly allowed in the above terms and shall stand

disposed of.

2

(2021) 6 SCC 73

3

“Commission”

3

9

Pending applications, including the applications for intervention/impleadment,

stand disposed of.

..…..…....…........……………….…........CJI.

[Dr Dhananjaya Y Chandrachud]

…..…..…....…........……………….…........J.

[Pamidighantam Sri Narasimha]

…..…..…....…........……………….…........J.

[J B Pardiwala]

New Delhi;

March 27, 2023

-S-

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ITEM NO.53 COURT NO.1 SECTION XI

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s).128/2023

(Arising out of impugned final judgment and order dated 27-12-2022

in PIL No. 878/2022 passed by the High Court of Judicature at

Allahabad, Lucknow Bench)

STATE OF UTTAR PRADESH Petitioner(s)

VERSUS

VAIBHAV PANDEY & ANR. Respondent(s)

(WITH IA No. 1582/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED

JUDGMENT, IA No. 4457/2023 - EXEMPTION FROM FILING O.T., IA No.

1585/2023 - EXEMPTION FROM FILING O.T., IA No. 32454/2023 -

EXEMPTION

FROM

FILING

O.T.,

IA

No.

4454/2023

–

INTERVENTION/IMPLEADMENT,

IA

No.

23525/2023

–

INTERVENTION/IMPLEADMENT, IA No.