The Patna High Court has scheduled the conclusive hearing for January 2, 2024, regarding a case contesting the recent Bihar Municipal elections. The petitioners claim that the state failed to adhere to the essential "triple test" required before making reservation decisions for Municipal Elections.

The five-judge Constitution Bench rendered a ruling centered on interpreting Article 243D(6) and Article 243T(6). These constitutional provisions empower the formulation of laws enabling reservations for backward classes in panchayats and municipal bodies, respectively. Emphasizing distinctions, the court clarified that barriers to political engagement vary from those impeding access to education and employment.

The ruling underscored the distinct constitutional foundation governing reservations in local bodies, separate from those specified in Article 15(4) and Article 16(4) for education and employment reservations. Acknowledging the importance of reservations to ensure equitable opportunities, the court emphasized that these reservations hinge on factual evidence of backwardness specifically concerning local bodies, evaluated through the Triple-Test Formula.

The petitioners in this case requested a writ, such as certiorari or any suitable writ, order, or directive, to annul a notification released by the State of Bihar on October 21, 2022. This notification assigned the responsibilities and authority of a "Dedicated Commission" to the State Commission for Extremely Backward Class, tasked with assessing eligibility for reservations for Backward Classes in municipal bodies in Bihar.

Moreover, the petitioners requested the quashing of a report dated November 28, 2022, submitted by the 'Dedicated Commission,' citing a blatant disregard for directives issued by the Honorable Court in a judgment dated October 4, 2022. Additionally, the petitioners aimed to invalidate a notification dated November 30, 2022, issued by the State Commission for Backward Classes. In this notification, the commission conveyed its view that the report from the 'Dedicated Commission' aligned with the "Triple Test" mandated by the Supreme Court.

Additionally, the plea sought to invalidate a letter dated November 30, 2022, sent from the State of Bihar to the State Election Commission, Bihar, conveying the report and recommendations of the 'Dedicated Commission.' Following the filing of a fresh writ petition (C.W.J.C. No. 4223 of 2023) in March 2023, the Supreme Court directed its resolution within four months. Initially assigned to a Single Judge, objections raised by the Advocate General for it to be heard by a Division Bench were initially dismissed.

However, a subsequent filing of an L.P.A. stressed that the referral originated from an order of the Division Bench. Consequently, the case is now being heard by the Division Bench. Notably, Division Bench-I, comprising the Chief Justice and Justice Rajiv Roy, was barred from presiding over the matter due to an L.P.A. arising from Justice Roy's ruling that rejected the plea for the case to be heard before the Division Bench.

Consequently, the court has designated January 2, 2024, as the date for the conclusive hearing, establishing a Bench to convene regularly until the case reaches a complete hearing. Throughout the proceedings, the counsel representing the writ petitioner raised no objections to allowing the L.P.A., despite the State's contention that the matter should be heard by a Division Bench.

Acknowledging the consent of the party respondents, the court resolved the L.P.A. and scheduled the final hearing of the writ petitions for January 2, 2024. The case was presented before a division bench comprised of Chief Justice K. Vinod Chandran and Justice Partha Sarthy.

Case Title: The State of Bihar & Ors vs. Sunil Kumar

Case No.: Letters Patent Appeal No.1017 of 2023 In Civil Writ Jurisdiction Case No.4223 of 2023