Today, On 28th November, Supreme Court said Maharashtra’s local body polls can go ahead despite the ongoing OBC reservation dispute. However, results in 40 municipal councils and 17 nagar panchayats will remain on hold until the Court delivers its final ruling there.
New Delhi: The Supreme Court heard a case concerning OBC reservation in Maharashtra’s local body elections.
The matter is before a Bench of Justices Surya Kant and Joymalya Bagchi.
Senior Advocate Indira Jaising, appearing in the case, stated,
“We challenge the Banthia Commission report. Its intention seemed to be to bring down the OBC numbers, and it relied only on surnames for identification.”
Chief Justice of India commented,
“At present, the Banthia Commission is the benchmark before us. We haven’t examined it in detail yet, but we may now need to scrutinize it closely.”
The CJI added that the matter will be placed before a three-judge bench in the second week of January.
Senior Advocate Vikas Singh, opposing the challenge, said,
“Then elections should be paused until the case is heard.”
He further explained,
“SC/ST reservations are based on their population share. When the Krishna Murthy judgment wasn’t implemented, we approached this Court, which then laid down the ‘triple test’ in Gawali. It requires a commission to assess actual representation; no flat percentage can be applied. The Banthia Commission followed that mandate.”
Responding, Sr. Adv. Indira Jaising pointed out,
“He hasn’t challenged that order.”
Singh clarified,
“Where reservations were given without the triple test, fresh elections were ordered. The Banthia Commission may be disputed, but there is no stay on it, and no court has found it invalid. So there is no reason for the State not to implement it.”
The CJI noted,
“We’re only putting a temporary arrangement in place until the case is heard in January before a three-judge bench. Neither side should object to this.”
As per the Court’s order,
“We’ve considered the submissions. As per the earlier order, the Maharashtra State Election Commission has filed a brief note. Only 40 municipal councils and 17 nagar panchayats have reservations exceeding 50%. Given the issues involved, the case will go before a three-judge bench in January 2026. Elections may proceed as scheduled, but the results in those 40 councils and 17 nagar panchayats will remain subject to the final decision in this matter.”
For Municipal Corporations, only two exceed the 50% reservation limit.
The CJI observed that,
“Their elections should be notified and conducted without delay, but the results will remain subject to the final decision in this case. For Zila Parishads and Panchayat Samitis, where reservations stay within the 50% cap, elections should proceed according to earlier directions.“
The matter is scheduled for further hearing on January 21, 2026.
Case Title: Rahul Ramesh Wagh vs. The State of Maharashtra & Ors
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