SC directs holding local body polls in Maharashtra

IANS May 6, 2025 223 views

The Supreme Court has intervened to break the deadlock on Maharashtra's local body elections by directing the State Election Commission to notify polls within four weeks. The court has maintained the existing OBC seat reservations while allowing flexibility for potential time extensions. This decision comes after a complex legal journey involving the Banthia Commission's recommendations and previous constitutional discussions on reservation quotas. The ruling ensures democratic representation while respecting constitutional guidelines for local governance.

"Elections shall be subject to the outcome of pending petitions" - Justice Surya Kant
New Delhi, May 6: In an interim order passed on Tuesday, the Supreme Court directed the Maharashtra government and the State Election Commission (SEC) to hold local body polls in the state, reserving seats for OBC as existed prior to the 2022 J.K. Banthia commission.

Key Points

1

Supreme Court directs Maharashtra to notify local body polls within 4 weeks

2

OBC seat reservations to be maintained as per existing framework

3

Election process must complete within 4 months

4

Polls subject to ongoing legal challenges

A bench of Justices Surya Kant and N.K. Singh directed the SEC to notify the local body elections within four weeks, and asked the state poll body to endeavour to complete the election process within four months.

The SEC may apply for extension of time if needed, clarified the Justice Surya Kant-led Bench, adding that the elections shall be subject to the outcome of the petitions challenging the recommendations of the Banthia commission.

In August 2022, a bench headed by then Chief Justice of India N.V. Ramana had directed the Maharashtra government and the SEC to maintain the status quo in connection with the poll process to the local bodies in the state.

Earlier in July 2022, the Supreme Court had accepted the recommendations of the Banthia Commission to apply 27 per cent OBC reservations in the local body elections in Maharashtra, and directed that elections for the local bodies in the state be notified in the next two weeks.

The top court, in December 2021, had ruled that the reservation for OBCs in local bodies will not be allowed unless the government fulfils the triple test laid down in the apex court's 2010 order. The three conditions comprise setting up a dedicated commission for collecting empirical data on the OBC population, specifying the proportion of reservation, and ensuring the cumulative share of reserved seats doesn't breach 50 per cent of total seats.

The Maharashtra government introduced the quota through an ordinance in 2021. The state government had contended that under the constitutional scheme, it was deemed fit to give political reservation to OBCs to ensure that they are duly represented inside the government and their voice is heard.

Reader Comments

Here are 6 diverse Indian perspective comments for the article:
R
Rajiv P.
Finally some clarity from SC! Local governance has suffered for too long due to delayed elections. Hope Maharashtra govt implements this properly with all necessary safeguards. Democracy works best when grassroots institutions function smoothly. 🇮🇳
P
Priya M.
While reservation is important for representation, I hope the empirical data collection was thorough. We've seen how rushed reservations sometimes create more problems than solutions. The triple test must be strictly followed.
A
Amit K.
Good decision! BMC elections were overdue by 2+ years. How can we talk about smart cities when we can't even conduct basic municipal polls on time? Hope other states take note - local governance matters!
S
Sunita R.
As someone from rural Maharashtra, I welcome this. Our panchayats have been functioning without proper representation for too long. But will the elected representatives actually get funds and powers to work? That's the real question.
V
Vikram S.
The back-and-forth on OBC reservation shows our system needs reform. Either have proper permanent commissions for caste data or move beyond caste-based politics. This ad-hoc approach helps nobody in the long run.
N
Neha T.
Hope the SEC conducts free and fair elections without political interference. Mumbai needs stable leadership to tackle pressing issues like infrastructure and flooding. Fingers crossed! 🤞

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Tags:
Supreme Court Maharashtra Local Elections OBC Reservations Justice Surya Kant Election Commission