This is an archive article published on March 8, 2022
Explained: Maharashtra’s bills to delay local body elections
What are the two bills cleared by the Maharashtra Legislative Assembly and Legislative Council, and what do they mean for elections in local bodies, including Brihanmumbai Municipal Corporation?
Maharashtra Chief Minister Uddhav Thackeray leaves the Assembly on the first day of the budget session, in Mumbai, Thursday, March 3, 2022. (PTI Photo: Shashank Parade)
The Maharashtra Legislative Assembly and Legislative Council on Monday (March 7) passed two bills that will enable the state government to delay local body elections. The Indian Express explains why these bills were cleared and what it means for elections in local bodies, including Brihanmumbai Municipal Corporation.
What are the two bills passed by the Maharashtra Assembly?
The Maharashtra Legislative Assembly unanimously passed bills to amend the “Mumbai Municipal Corporation Act, the Maharashtra Municipal Corporations Act and the Maharashtra Municipal councils, Nagar Panchayats and Industrial Townships Act 1965” and “Maharashtra Village Panchayats Act and the Maharashtra Zilla Parishads and Panchayat Samitis Act 1961”. The two bills allow the state government to take over the powers of delimitation and ward formation for local body elections. These rights were earlier bestowed on the State Election Commission (SEC). As per these bills, the state poll panel will now decide the poll schedule for local and civic body elections in consultation with the state government. Further, the amendments have also proposed cancellation of the delimitation process and fixing of wards of the civic and local bodies by SEC. The Maharashtra SEC, which came into existence in 1994, has been undertaking this activity in the past.
What was the need for passing these bills?
The term of 10 municipal corporations including Mumbai and 25 Zila Parishads will end this month and polls were expected to be held this year.The Supreme Court in March 2021 had, however, struck down Other Backward Classes reservations in local polls. Since then the Maharashtra government has been trying to explore various legal avenues for restoring this quota.
In January, the Supreme Court had directed the Maharashtra government to submit a report on the status of OBCs in the state. The report was compiled by the Maharashtra State Commission for Backward Classes (MSCBC) which made recommendations on their representation in elections to the local bodies. The MSCBC, in its 35-page report submitted in February, had recommended up to 27 per cent reservation for OBCs. The report was then submitted to the SC.
The SC during its March 4 hearing, however, rejected the report stating that the report was not based on empirical data. During the hearing a bench of Justices A M Khanwilkar and C T Ravikumar said, “The report itself mentions that the same is being prepared in absence of empirical study and research by the commission. Having failed to do so, the Commission should not have filed the interim report.”
“As a result, it is not possible to permit any authority, much less the State Election Commission, to act upon the recommendations made in the said report. For the time being, we do not intend to dilate on the correctness of each of the observations made by the commission in the interim report. We, however, direct all concerned not to act upon the interim report as submitted,” the court added.
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Why did the SC order rattle the Maharashtra government?
The SC order directed the State Election Commission to notify the election process in local bodies without further delay and to comply with its earlier order which directed that the OBC seats be treated as general category. The Maharashtra government feels that holding elections without OBC reservations could hurt them politically at a time when various committees are asserting their political rights and are seeking reservations. The government has since then claimed that it will not hold these elections without the OBC quota.
How does passing the two bills help the Maharashtra government?
Passing the two bills will help the state government buy time. The government is hoping that by reviewing the ward demarcation exercise it can gain time to work on a final report on the situation of OBCs in the state. The state is hoping that if a proper report with empirical data is presented before the SC it would be able to restore OBC reservation. However, for completion of this report it needs time and the new bills will give it the power to prolong the elections.
Zeeshan Shaikh is the Associate Editor who heads The Indian Express' Mumbai reporting team. He is recognized for his highly specialized Expertise in analyzing the complex dynamics of Maharashtra politics and critical minority issues, providing in-depth, nuanced, and Trustworthy reports.
Expertise
Senior Editorial Role: As an Associate Editor leading the Mumbai reporting team, Zeeshan Shaikh holds a position of significant Authority and journalistic responsibility at a leading national newspaper.
Core Specialization: His reporting focuses intensely on two interconnected, high-impact areas:
Maharashtra Politics & Urban Power Structures: Provides deep-dive analyses into political strategies, municipal elections (e.g., BMC polls), the history of alliances (e.g., Shiv Sena's shifting partners), and the changing demographics that influence civic power in Mumbai.
Minority Issues and Socio-Political Trends: Excels in coverage of the Muslim community's representation in power, demographic shifts, socio-economic challenges, and the historical context of sensitive political and cultural issues (e.g., the 'Vande Mataram' debate's roots in the BMC).
Investigative Depth: His articles frequently delve into the historical roots and contemporary consequences of major events, ranging from the rise of extremist groups in specific villages (e.g., Borivali-Padgha) to the long-term collapse of established political parties (e.g., Congress in Mumbai).
Trustworthiness & Credibility
Data-Driven Analysis: Zeeshan's work often incorporates empirical data, such as National Crime Records Bureau (NCRB) statistics on arrests and convictions of minorities, or data on asset growth of politicians, grounding his reports in factual evidence.
Focus on Hinterland Issues: While based in Mumbai, he maintains a wide lens, covering issues affecting the state's hinterlands, including water crises, infrastructure delays, and the plight of marginalized communities (e.g., manual scavengers).
Institutional Affiliation: His senior position at The Indian Express—a publication known for its tradition of rigorous political and investigative journalism—underscores the high level of editorial vetting and Trustworthiness of his reports.
He tweets @zeeshansahafi ... Read More
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