The Supreme Court has ruled that election results in 57 Maharashtra local bodies breaching the 50% quota cap will depend on its final judgement. The court has warned that polls held against the law may be cancelled.
New Delhi: The Supreme Court has made it clear that the final outcome of the Maharashtra local body elections, especially in 57 local bodies where the 50 per cent reservation limit has been crossed, will depend entirely on its final judgement in the ongoing case.
The Court stated that any reservation beyond the constitutional limit will remain under judicial scrutiny and could be struck down if found illegal.
A bench headed by Chief Justice Surya Kant and Justice Joymalya Bagchi postponed the hearing on the issue of reservation in local body elections to November 28.
During the proceedings, the Maharashtra government, represented by Solicitor General Tushar Mehta, requested more time to consult the State Election Commission (SEC) regarding compliance with the legally mandated 50 per cent ceiling on reservation.
Earlier on November 19, the Court had suggested that the State should consider delaying the nomination process for local body elections until the issue of 27 per cent OBC reservation is finally decided.
However, the SEC informed the Court that elections to 242 municipal councils and 42 nagar panchayats, totalling 288 local bodies, have already been notified and are scheduled to be held on December 2. Out of these, 57 bodies have exceeded the 50 per cent reservation cap.
Taking note of this development, the bench clarified that the reservation exceeding the limit in these 57 bodies will remain subject to the final verdict of the Supreme Court. At the start of the hearing, the Solicitor General sought an adjournment to allow time for consultation with the SEC.
Senior advocate Vikas Singh highlighted that previous orders, including a July 2022 ruling by a three-judge bench led by Justice A M Khanwilkar approving the Banthia Commission recommendations, have caused confusion.
He argued that the State acted based on a “bona fide interpretation” of earlier court directions.
Senior advocate Indira Jaising, while not opposing the adjournment, informed the Court that some petitioners have also filed a contempt case challenging the May 2025 order.
She maintained that elections already in progress should not be stopped and reminded the Court that earlier it had allowed the process to continue subject to the final judicial decision.
In response, the Chief Justice firmly stated, “If elections are held contrary to law, they can be annulled,” making it clear that the Court has full authority to cancel polls if they violate legal norms.
However, Vikas Singh countered that cancelling elections later would lead to a huge waste of public money and urged the Court to pause the election process until the matter is resolved.
Senior advocate Narender Hooda described the 50 per cent reservation cap as a constitutional “Lakshman Rekha”, stressing that it should not be crossed under any circumstances.
Observing inconsistencies in the data about local bodies that breached the reservation limit, the bench directed the SEC to submit a detailed and accurate list. It was also reiterated that local body elections in Maharashtra have been stalled since 2021 due to disputes surrounding OBC reservation.
The controversy began when the Supreme Court, in December 2021, stayed OBC reservation in local body elections, ruling that it could only be implemented after fulfilling the triple-test requirement.
This test includes setting up a commission to study the backwardness of the community, deciding the exact percentage of reservation based on its findings, and ensuring that total reservation for SCs, STs, and OBCs does not cross 50 per cent.
To comply with this, the Maharashtra government set up the Jayant Kumar Banthia Commission in March 2022, which submitted its report in July 2022.
Later, in May 2025, the Supreme Court directed the State to conduct the long-pending elections within four months and grant OBC reservation as per the legal framework that existed before the Banthia report.
Last week, the Court clarified that this order was wrongly interpreted by authorities as allowing reservation beyond 50 per cent, and firmly stated that no such excess is permitted under the Constitution.
The final decision of the Supreme Court is now awaited and will determine whether the ongoing and notified elections in these 57 local bodies will stand valid or face annulment. This case continues to remain crucial for the future of reservation policy and the conduct of local body elections in Maharashtra.
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