The Supreme Court on Tuesday made it clear that the final results of elections in 57 local bodies in Maharashtra — where the total reservation crosses the 50 percent ceiling — will remain subject to its final ruling on the OBC quota issue.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi, which is hearing challenges to reservation in local body elections, adjourned the matter to November 28. The court noted that the legality of the ongoing electoral process, particularly in the 57 bodies where the cap is exceeded, will hinge on the outcome of the case.
Solicitor General Tushar Mehta, appearing for Maharashtra, requested time to consult the State Election Commission (SEC) regarding compliance with the reservation ceiling.
Senior advocate Balbir Singh informed the bench that elections for 242 municipal councils and 42 nagar panchayats — a total of 288 bodies — have already been notified for December 2. In 57 of these, the reservation percentage exceeds the permissible limit.
Taking note of this, the bench said the reservation above 50 percent “will remain subject to the final result of the proceedings”.
The court was also reminded of its earlier direction on November 19 asking the state to consider deferring nomination processes until the dispute on 27 percent OBC reservation is decided.
Senior advocate Vikas Singh argued that elections should be paused to avoid wastage of public money, pointing to confusion caused by earlier orders, including the July 2022 decision led by Justice A M Khanwilkar approving the Banthia Commission recommendations.
Responding to the concern about waste of resources, CJI Surya Kant said the court retains power to undo an illegal election.
“If elections are held contrary to law, they can be annulled,” the CJI observed.
Senior advocate Indira Jaising, while not opposing adjournment, contended that elections underway should not be halted. She said the court had already made them subject to its final ruling and flagged that some petitioners have also filed a contempt plea challenging the May 2025 order.
Senior advocate Narender Hooda emphasised that the 50 percent cap is a constitutional “Lakshman Rekha”.
Noticing inconsistencies in the figures, the bench asked the SEC to provide a detailed list of bodies exceeding the reservation cap.
The controversy over OBC quotas has stalled local body elections in Maharashtra since 2021.
- In December 2021, the Supreme Court stayed OBC reservation, holding that it could be implemented only after completing the triple test:
- Appointment of a dedicated commission to collect empirical data on backwardness,
- Determination of the proportion of reservation based on that data,
- Ensuring total quotas for SC/ST/OBC do not exceed 50%.
- Appointment of a dedicated commission to collect empirical data on backwardness,
- The Jayant Kumar Banthia Commission was appointed in March 2022 and submitted its report in July 2022.
- In May 2025, the Supreme Court directed the state to conduct the long-pending elections within four months and grant OBC reservation based on the legal framework existing before the Banthia report.
Last week, the court clarified that this order had been misread by authorities and that it did not permit reservations beyond the 50 percent ceiling.
The matter is listed on November 28, when the SEC is expected to present detailed breakup of reservations across the 288 notified local bodies.
