Emphasising that it will not allow litigation designed to stall the electoral process, the Supreme Court on Monday dismissed a petition challenging the validity of the ongoing delimitation exercise for zilla parishads, panchayat samitis and other local bodies in Maharashtra.
A bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi made it clear that polls must proceed strictly as per the timelines already fixed.
“We are not going to entertain any plea that could delay the polls. All these petitions seem to be a ploy to delay the polls. The elections have to happen by January 31, as we directed earlier. There cannot be any further impediment in the conduct of polls,” the bench said.
Court says it will not derail SEC’s schedule
The bench noted that once the State Election Commission (SEC) has announced the schedule and the top court itself has passed categorical directions, it will not “step in to disrupt or derail the timetable.”
“We are not going to entertain any petition that could delay the polls,” it stressed.
The remarks came while dismissing a petition filed by Nikhil K. Kolekar, who questioned the SEC’s decision to delegate approval of final delimitation proposals to divisional commissioners.
Petitioner argued delegation of SEC powers illegal
Senior advocate Sudhanshu Choudhary, appearing for the petitioner, argued that approval of territorial divisions rested exclusively with the SEC under law, and handing this authority to state government officers amounted to an abdication of constitutional responsibility.
He contended that such delegation compromised the independence and integrity of the delimitation process.
But the bench remained unpersuaded.
SC notes original communications never challenged
Referring to the September 30 judgment of the Bombay High Court, the bench observed that the petitioner had not challenged the original communications through which the SEC and state government empowered divisional commissioners to undertake delimitation.
The High Court, the bench noted, had examined detailed records and found no illegality in delimitation decisions taken for Kolhapur, Satara and Sangli.
While rejecting the plea, the Supreme Court clarified that the larger question of law on whether such delegation is permissible may be considered in an appropriate case.
Part of ongoing push to complete long-delayed polls
Monday’s order comes days after the same bench, on November 28, cleared the way for elections to more than 280 municipal councils and nagar panchayats scheduled for December 2.
In that order, the court allowed polls to proceed, while directing that results in 40 municipal councils and 17 nagar panchayats, where combined SC/ST/OBC reservation exceeds 50%, would be subject to final orders of the court.
It also allowed the SEC to proceed with elections to 336 panchayat samiti seats and 32 zilla parishad seats where the process had not yet begun, provided the reservation limit stays within constitutional boundaries.
OBC reservation dispute still pending
The bench acknowledged that issues around OBC reservation — particularly challenges to the Banthia Commission report — remain unresolved. But it underlined that local self-governance cannot be paralysed due to continuing litigation.
Petitions concerning the validity of the Banthia Commission’s findings and the 27% OBC quota in local bodies are listed for detailed hearing before a three-judge bench on January 21.
Polls must conclude by January 31
Local body elections in Maharashtra have been stuck since 2022 due to successive disputes over reservation and delimitation. In September this year, the Supreme Court ordered that all local body polls in the state be completed by January 31, 2026.
The latest order reiterates that no fresh challenge will be allowed to obstruct or delay the electoral process.
