'Politically Backward Classes Not Same As OBCs' : Plea In Supreme Court Challenges Maharashtra's Banthia Commission Report

The Supreme Court on Tuesday agreed to consider a plea challenging the findings of the Banthia Commission and seeking the constitution of a fresh committee to determine 'Politically Backward Classes' for purposes of reservations in Maharashtra's local body elections. 

The bench of CJI Surya Kant and Justices Joymalya Bagchi and R Mahadevan issued notice in the matter. Sr Advocate Gopal Sankarnarayanan appeared for the petitioners. 

The writ petition is filed by the NGO named Youth for Equality Foundation which seeks directions for fresh evaluation of 'political backwardness' in all local bodies in Maharashtra. 

The plea states that the Banthia Committee recommendations overlooked the triple test laid down by the Apex Court in K. Krishna Murthy v. Union of India to determine 'political backwardness'. 

Notably, the Banthia Committee published a report in 2022 which recommedned 27% reservations to the OBCs in the local body elections (adhering to be within 50% limit). 

The Court in Krishna Murthy held that "social and economic backwardness does not necessarily coincide with political backwardness."

It was held that reservations for local body elections as per Articles 243-D(6) and 243-T(S) must not be automatically lifted from the reservations for Socially and Educationally Backward Classes (SEBCs) in terms of Article 15(4) or underrepresented classes in government jobs in terms of Article 16(4).

 "It would be safe to say that not all of the groups which have been given reservation benefits in the domain of education and employment need reservations in the sphere of local self-government. This is because the barriers to political participation are not of the same character as barriers that limit access to education and employment. This calls for some fresh thinking and policy-making with regard to reservations in local self government," the Court stated in Krishna Murthu.

The following triple test was laid down in the verdict : 

1) There must be a rigorous empirical enquiry into political backwardness and consequent identification of politically backward classes, by a dedicated commission;

2) The proportion of reservation must then be provisioned for each local body,according to the Commission's recommendations; and

3) The aggregate reservation must never exceed 50% of the total seats.

However, the plea highlights that the Banthia Committee's finding were 'illegal and untendable' on the following grounds : 

1. No assessment was made of “political backwardness”, and no attempt was made to identify PBCs distinctly, thereby failing to meet the core requirement of Krishna Murthy; 

2. State and Central SEBC/ OBC lists were taken as the basis without any analysis of whether these communities are “politically backward”; 

3. The State Government was requested to conduct a survey of voter lists, which is nothing but an attempt to conflate surnames with membership of a caste/ community that is in the OBCs/SEBCs list. Based on JUST this, the Commission has estimated that “backward class citizens” comprise 37% of the State's population; 

4. Reservation percentages have been provisioned on the basis of “proportion in population” or 27%, whichever is less.

Notably, the Supreme Court in Vikas Kishanrao Gawali v. State of Maharashtra read down Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, to hold that backward class reservation across all local bodies cannot cross 50%. In Suresh Mahajan v. State of M.P, the Top Court observed that triple test has to be followed by all states. In May 2025, the Court , as an interim order, directed that the elections to the Maharashtra local bodies be held as per the OBC reservation which existed prior to the submission of the Banthia Commission report in July 2022.

The following reliefs are sought by the petitioner : 

A. Issue a writ of certiorari or any other appropriate writ, order(s), direction(s) quashing the report dated 07.07.2022 of the Banthia Commission, and all consequences arising therefrom; 

B. Issue a writ of mandamus or any other appropriate writ, order(s), direction(s) directing the Respondents to form a new dedicated commission to conduct an empirical study on political backwardness in all local bodies in Maharashtra;

C. Issue a writ of mandamus or any other appropriate writ, order(s), direction(s) thereby directing the Respondents to identify politically backward classes in terms of Articles 243D (6) and 243T (6);

The plea was filed with the help of AOR Shivani Vij. 

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi yesterday tagged the matter along with other petitions related to Maharashtra local body polls.

Case Details : YOUTH FOR EQUALITY FOUNDATION vs. STATE OF MAHARASHTRA| W.P.(C) No. 000078 / 2026