Maharashtra local polls can proceed, but don’t breach 50% reservation cap in places where election not yet notified: SC

The apex court noted that there are 246 municipal councils and 42 nagar panchayats where the election process has already commenced, nominations have been filed and voting is scheduled on December 2.

The bench was also told that there are 40 municipal councils and 17 nagar panchayats where reservation is exceeding 50 per cent. It also noted that in 29 municipal corporations, 32 zilla panchayats and 346 panchayat samitis, the election process has not commenced.

It accordingly directed, “The elections to the Municipal Councils and Nagar Panchayats may take place as per the notified schedule. However, the result of 40 Municipal Councils and 17 Nagar Panchayats where the reservation is more than 50 per cent, shall be subject to final outcome of these proceedings.”

‘Subject to final outcome of proceedings’
“So far as the Municipal Corporations, Zilla Parishad, Panchayat Samitis are concerned, the state of Maharashtra and the State Election Commission shall be at liberty to initiate the election process. However, it is directed that the reservation in all these three shall not exceed 50 percent. This election is also subject to the final outcome of the proceedings.”

The order said that “as far as the municipal corporations are concerned, we are informed that only two will have reservation exceeding 50 per cent. That being so, we direct that the elections to the Municipal Corporations be notified without any delay and the same shall be subject to the outcome of these proceedings. Election to seats where reservation exceeds 50 per cent shall also be subject to outcome of these proceedings.”

It added, “Wherever reservation is not exceeding 50 per cent , those results shall also be subject to the proceedings of this case.”

Local body polls in Maharashtra were last held in 2016-2017 due to a dispute over OBC reservation. In August 2022, the Supreme Court ordered that the status quo be maintained in the matter.

The Jayant Kumar Banthia Commission, set up by the state government in March 2022 to examine the question of OBC reservation in local bodies, recommended 27 per cent representation for OBCs within the total 50 per cent reservation ceiling. With the report under challenge, the Supreme Court had said that the polls will be subject to the outcome of the pending petitions.

On May 6, the top court ordered the holding of local body elections with OBC reservation set to the percentage that existed before the submission of the Banthia Commission report in July 2022.

Hearing it again last week, the Supreme Court bench verbally said that authorities appear to have misconstrued its order to mean that reservations can exceed 50 per cent