LUCKNOW: Extending the stay on local body elections’ notification in the state till December 20, the Lucknow bench of Allahabad high court on Wednesday asked the state government to explain the basis of its decision taken on December 12, 2022, to appoint administrators in the municipalities in UP where the term of the local bodies was going to end between December 12 and January 15 next.
The bench has asked the state counsel to explain under which provision of the Municipalities Act or any other enactment the government issued the instructions in this regard.
A bench of Justice DK Upadhyay and Justice Saurabh Srivastava postponed the hearing in urban local body elections issue till December 20 on the request of the state counsel that he should be granted three days’ time to file a counter-affidavit in the matter. The bench, however, commented that the state could have filed its response in the course of earlier hearing as well.
Extending the stay on finalizing reservation and issuing notification for the elections in the state till December 20, the bench permitted the state to file a counter-affidavit. It directed the state to file a detailed response clarifying that under which provision it issued instructions to appoint administrators in case the term of a municipality was ended. The bench also sought specific response of the state on question of reserving quota for transgender in the election in compliance of a Supreme Court order issued in 2014.
As the hearing started on Wednesday, additional advocate general VK Shahi and state counsel Amitabh Rai appeared before the bench. Rai requested the bench to grant the state three days’ time to file the government’s reply in the matter. Intervening in his arguments, the petitioners’ counsel Sharad Pathak pointed to the bench that the state issued instructions on Tuesday to appoint administrators in the municipalities to complete their term without there being any provision.
Hearing a bunch of petitions challenging the government’s order fixing reservation in local body elections, the bench had on Monday stayed the finalization of quota and issuance of notification of the polls in the state on the ground that the state did not follow the Supreme Court’s directive to apply the triple test formula in the process.

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