‘SEC has failed to take prompt action’: Supreme Court orders Maharashtra to hold local body polls by January 2026

The Supreme Court also directed that the delimitation exercise, which is underway, be completed by October 31, and that it should not be cited as a ground for postponing the Maharashtra local body polls.

Supreme courtThe court directed that the delimitation exercise, which is underway, be completed by October 31, and that it should not be cited as a ground for postponing the elections. (Source: File)

The Supreme Court Tuesday criticised the Maharashtra State Election Commission for failing to hold local body polls in the state within the time fixed by the court, and directed that the elections be conducted by January 31, 2026.

A bench of Justices Surya Kant and Joymalya Bagchi said it is a one-time concession, and no further time will be granted.

“Elections of all local bodies, including Zila Parishads, Panchayat Samitis and all municipalities shall be conducted by 31.01.2026. No further extension shall be granted to the state/SEC. In case any other logistic assistance is required, the application should be filed promptly before 31.10.2025. No prayer will be entertained thereafter,” the bench ordered.

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The court directed that the delimitation exercise, which is underway, be completed by October 31, and that it should not be cited as a ground for postponing the elections.

Local body polls in the state have been held up for many years due to pending litigation regarding the implementation of the OBC quota.

By the order dated May 6, 2025, the apex court said that “the constitutional mandate of democracy at the grass-root level and its enforcement through periodical elections of the local bodies ought to be respected and ensured”. The court also directed that the polls be held with OBC reservation, which existed before the 2022 report submitted by the Commission under the chairmanship of former state chief secretary Jayant Kumar Banthia, established to collect empirical data on OBC backwardness.

“An endeavour shall be made to conclude the elections within a period of four months,” the court had directed.

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On Tuesday, the SEC counsel, while explaining the delay in holding the elections, informed the bench that the process of delimitation of constituencies had been completed in respect of zilla parishads and panchayat samitis, while that for municipalities is currently on.

The counsel also pointed out that there was a shortage of Electronic Voting Machines (EVMs), and that schools will not be available owing to board exams.

However, the arguments failed to impress the bench. “We are constrained to observe that the SEC has failed to take prompt action for compliance with this court’s directions in the prescribed time schedule,” the bench said and asked the Election Commission to get sufficient numbers of EVMs and file a compliance affidavit by November 30.

On the argument regarding the non-availability of schools due to board exams, the bench pointed out that the exams are scheduled only in March 2026.

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The court asked the Election Commission to put forth its request for personnel before the state Chief Secretary, who will provide the necessary staff in four weeks.

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