The Supreme Court on Tuesday said that the final results of elections in 57 local bodies in Maharashtra—where the 50 per cent reservation cap has been exceeded—will depend on its forthcoming judgment in the case. The observations came from a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi, which postponed the hearing on reservation in local body polls to November 28.
During the proceedings, Solicitor General Tushar Mehta, representing the Maharashtra Government, sought more time to consult the State Election Commission (SEC) on ensuring compliance with the 50 per cent ceiling on quotas.
On November 19, the bench had earlier asked the State Government to consider delaying the nomination process for local body elections until the court decides on the legality of granting 27 per cent reservation for Other Backward Classes (OBC). On Tuesday, senior advocate Balbir Singh, appearing for the SEC, informed the court that elections to 242 municipal councils and 42 nagar panchayats—288 bodies in total—have already been notified for December 2. He added that in 57 of these bodies, the reservation limit of 50 per cent has been breached.
Taking this on record, the bench said that any reservation exceeding 50 per cent in these 57 notified bodies would remain subject to the final verdict in the ongoing matter. At the outset, the Solicitor General requested an adjournment to allow time for discussions with the SEC.
Senior advocate Vikas Singh argued that earlier directions—including the July 2022 order by a three-judge bench led by Justice A M Khanwilkar approving the Banthia Commission recommendations—had led to confusion. The Solicitor General maintained that state authorities had acted under a “bona fide interpretation” of the court’s previous orders.
Senior advocate Indira Jaising, while not objecting to the adjournment request, told the bench that some petitioners have also filed a contempt plea, effectively challenging the May 2025 order. Supporting the reservation structure already notified, she said elections already underway should not be halted and reminded the court that the poll process had previously been made subject to judicial outcome.
The CJI observed that if elections were ultimately conducted in violation of the law, the court retained the authority to strike them down. “If elections are held contrary to law, they can be annulled,” the CJI said. Vikas Singh countered that annulling polls would amount to wastage of public funds and urged the court to pause the process instead.
Senior advocate Narender Hooda described the 50 per cent reservation limit as a constitutional “Lakshman Rekha”.
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