New Delhi, Nov 28 — Supreme Court Restrains Maharashtra SEC From Notifying Local Body Reservations Above 50%
The Supreme Court on Friday stopped the Maharashtra State Election Commission (SEC) from notifying reservations beyond 50 per cent for local bodies where elections are yet to be announced. The court allowed elections that have already been notified to go ahead but clarified that the results of bodies where reservation exceeds the 50 per cent cap will remain subject to the outcome of ongoing petitions related to OBC reservation in the state.
The order was passed by a Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi, which also referred the matter to a three-judge Bench for further hearing on January 21.
Context
Maharashtra has been facing continuous legal and political complications over reservation in local bodies, especially after multiple court orders limiting total reservation to 50 per cent. Petitions challenging the state’s OBC quota framework, largely based on the recommendations of the J.K. Banthia Commission, are still pending before the top court.
The Supreme Court has issued several reminders since May directing the state to conduct local body elections in a time-bound manner and ensure that reservation norms strictly comply with constitutional limits.
In its earlier orders, the court had criticised the state government and the SEC for delays in completing the election process, warning that further postponements would not be tolerated.
Details
The Bench made it clear that elections to municipal councils and nagar panchayats already announced may proceed without interruption.
CJI Surya Kant said in the order:
“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 per cent will be subject to the result of the writ petition.”
The court also instructed the SEC to notify elections for zila parishads, municipal corporations, and panchayat samitis, but strictly within the 50 per cent ceiling.
The court added that any election exercises for other bodies may be initiated by the state government and SEC but only if they ensure that reservation does not cross the 50 per cent limit.
Senior Advocates’ Submissions
Senior advocate Vikas Singh, representing petitioners, requested the court to ensure that elections do not get stalled again. He argued that the state must comply with previous deadlines set by the Supreme Court.
Responding to this, the Bench directed:
“In Zila Parishads and Panchayat Samitis, wherever reservation does not exceed 50 per cent, let the elections be held in terms of the previous directions.”
Senior advocate Balbir Singh, appearing for the SEC, informed the court that elections to 246 municipal councils and 42 nagar panchayats have already been notified for December 2, and that 57 local bodies have reservation exceeding the 50 per cent limit.
Earlier Orders and Legal Background
In May 2024, the top court directed the state to complete local body elections within four months and restore OBC reservation as per the pre-2022 Banthia Commission framework. The court clarified that these polls would still depend on the outcome of challenges to the Commission’s recommendations.
However, in a hearing held on September 16, the Supreme Court criticised the authorities for failing to complete the process by August, and again set a firm deadline for the SEC to conduct all pending elections by January 31, 2026.
The court also instructed that the delimitation process be completed by October 31, clarifying that delay in delimitation cannot be used as a reason for postponing elections.
Reactions
Legal experts say the Supreme Court’s latest intervention highlights ongoing governance gaps in Maharashtra’s election planning and reservation policy.
Opposition parties in the state said the ruling is a reminder that the government must follow constitutional limits and clear administrative procedures.
Government officials, meanwhile, maintained that they have been working to comply with court directives and that the SEC will restructure upcoming reservation lists where required.
Analysis
The 50 per cent limit continues to be a major point of friction in Maharashtra’s local governance. With multiple communities, including OBCs, SCs, STs, and politically influential groups demanding stronger representation, any reservation adjustment carries political consequences.
The Supreme Court’s consistent insistence on timelines shows its concern over prolonged delays in local body polls, which affect administration, grassroots development, and financial decision-making.
By keeping the results of over-quota bodies conditional, the court has left room for future corrections depending on the outcome of the larger constitutional challenge.
With the matter now referred to a three-judge Bench, Maharashtra’s local body polls will proceed under strict judicial oversight. The Supreme Court has signalled clearly that reservation norms cannot exceed the 50 per cent benchmark unless supported by strong constitutional justification. The coming months will be key in determining how the state restructures its reservation policy and completes pending elections.
Final Thoughts
The Supreme Court’s latest order creates a clear boundary for Maharashtra’s election authorities as they navigate the complex issue of reservation in local bodies. While the state aims to ensure representation for backward communities, it must also comply with constitutional limits and Supreme Court directions. The conditional approval for already-notified polls ensures that democratic processes continue without unnecessary delays. At the same time, the judicial scrutiny ensures accountability in how reservation lists are prepared. As the case moves to a three-judge Bench, Maharashtra’s local governance landscape will remain under close national attention.
