'Can't Delay Maharashtra Local Body Elections Further' : Supreme Court Dismisses Plea Challenging Delimitation Process
The Supreme Court on Monday dismissed a plea challenging the validity of the delimitation process for local bodies in Maharashtra, saying that it cannot cause any further impediment to the elections in the State, which have been stalled since 2022.A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi dismissed a petition filed by Nikhil K Kolekar, who challenged...
The Supreme Court on Monday dismissed a plea challenging the validity of the delimitation process for local bodies in Maharashtra, saying that it cannot cause any further impediment to the elections in the State, which have been stalled since 2022.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi dismissed a petition filed by Nikhil K Kolekar, who challenged the delegation of powers by the State Election Commission to divisional commissioners for approving final delimitation proposals. Senior Advocate Sudhanshu Choudhary, appearing for the petitioner, argued that the power to approve the division of constituencies is vested exclusively in the State Election Commission and that allowing government officers to exercise such authority amounted to abdication of the Commission's constitutional responsibility.
The bench however refused to interfere with the Bombay High Court's judgment, which refused to entertain the petitioner's challenge. However, the bench left the question of law open.
"We are not going to entertain any plea that could delay.... This seems to be a ploy to delay the polls. There cannot be any further impediment in the conduct of elections," CJI Surya Kant observed.
The High Court, in its judgment delivered on September 30, observed that it did not find the delimitation to be "so grossly in violation of the constitutional and statutory prescription" warranting its interference under Article 226. The High Court also cited the bar under Articles 243O and 243ZG of the Constitution, as well as the Supreme Court's mandate to hold the elections by January 31, to decline its interference.
In May 2025, the Court directed the holding of the local body elections within four months by giving OBC reservation as per the law prior to the Banthia Commission report. Last week, the Court asked the SEC to notify the pending elections to the local bodies without reservation exceeding 50%.
Case : NIKHIL KISAN KOLEKAR v. THE STATE OF MAHARASHTRA AND ORS.| SLP(C) No. 34388/2025
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