Maharashtra Local Body Polls | Remaining Elections Be Notified But No Reservation Above 50%, Orders Supreme Court

The Supreme Court on Friday (November 28) restrained the Maharashtra State Election Commission from notifying reservations in excess of 50% in the local bodies, where elections are yet to be notified. The elections of the local bodies where reservation in excess of 50% has already notified will be subject to the outcome of the result of the writ petitions, the Court stated.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing writ petitions challenging the OBC reservation in the Maharashtra local bodies.

Today, Senior Advocate Balbir Singh, for the State Election Commission, told the bench that there are 246 Municipal Councils and 42 Nagar Panchayats where the election process has already commenced, and voting is scheduled on December 2. Out of these, there are 40 Municipal Councils and 17 Nagar Panchayats where reservation is exceeding 50%.  However, elections to 29 Municipal Corporations, 32 Zilla Panchayats and 346 Panchayat Samitis are yet to be notified.

Referring the matters to a three-judge bench and posting them for hearing on January 21, the bench allowed the already notified elections to take place.

"Meanwhile, the elections of Municipal Councils and Nagar Panchayats may take place as per the notified schedule. However, the results of local bodies where reservation exceeds 50% will be subject to the result of the writ petition," the bench ordered.

The bench also permitted the SEC to notify the elections for the remaining local bodies. "So far as other bodies, the State and the SEC will be at liberty to initiate the election process. However, it is directed reservation in all these institutions shall not exceed 50%. This condition is also subject to the final outcome of the present proceedings," the bench ordered.

The Court was informed that only 2 Municipal Corporations will have reservations exceeding 50%. Taking note of this, the Court ordered, "Elections of the Municipal Corporations be notified without delay and same be conducted subject to the outcome of this matter."

Senior Advocate Vikas Singh urged the bench to issue a positive direction to hold the elections, voicing the apprehension that the elections might be further stalled. "It may unnecessarily complicate the situation," CJI Kant said, pointing out that directions were already issued earlier to conduct the elections.

Considering Singh's submission, the bench added the following line also in the order. "In Zila Parishads and Panchayat Samitis, wherever reservation does not exceed 50%, let the elections be held in terms of the previous directions."

Senior Advocate Indira Jaising informed the bench that a separate petition has been filed challenging the Banthia Commission's report.

The issue before the Court relates to the implementation of the OBC reservation in the local body elections in Maharashtra, which have been stalled since 2021. In December 2021, the Supreme Court stayed the OBC reservation, saying that it can be implemented only after satisfying the 'triple-tests'. Later, the State Government constituted the Jayant Kumar Banthia Commission in March 2022 to examine the issue of OBC reservation in the local body polls. The Banthia Commission submitted its report in July 2022.

In May 2025, the Court directed the holding of the elections within four months by giving OBC reservation as per the law prior to the Banthia Commission report. Last week, it noted that the State authorities had misconstrued this order to mean that reservations can exceed 50%. Clarifying that the direction to hold elections as per pre-Banthia situation was not a permission to cross the 50% limit, the bench had orally said that reservation should be within the ceiling limit.

On the last date, the State of Maharashtra sought time, saying that it was in consultation with the State Election Commission on the issue regarding 50% ceiling limit for reservations in the local bodies. In the context of impending caste-census and apprehension of exclusion of OBCs from grassroot-level democracy, CJI Kant said in passing, "Whatever we do, we should not divide the society on caste lines".

Insofar as it was informed that elections to the Zila Parishads, Municipal Corporations, and Panchayat Samitis are yet to be notified, CJI also orally said that the reservation in excess of 50% (in 57 bodies) would be subject to the outcome of the litigation. The SEC was further asked to not cross the 50% limit in the local bodies where elections are yet to be notified.

Case Title: RAHUL RAMESH WAGH Versus THE STATE OF MAHARASHTRA AND ORS., SLP(C) No. 19756/2021 (and connected cases)

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