The Supreme Court on Monday cautioned the Maharashtra government that it cannot cross the 50% reservation ceiling in next month’s local body elections, making it clear that any attempt to exceed the limit could invite a stay on the polls.
A bench of Justices Surya Kant and Joymalya Bagchi told the state that the elections must be conducted strictly in accordance with the reservation framework that existed before the 2022 J K Banthia Commission report, which had recommended a 27% quota for Other Backward Classes (OBCs). The court said the report remains under judicial scrutiny and cannot yet form the basis of fresh reservation levels.
Solicitor General Tushar Mehta, appearing for Maharashtra, sought time to respond, after which the bench listed the matter for November 19. However, the judges firmly directed the state not to cross the constitutional cap.
The bench did not mince words. “If the plea is that nomination has begun and the court should stay its hand, then we will stay the elections. Don’t test the powers of this court,” the judges said.
The bench added that it had never permitted the state to exceed the 50% reservation ceiling laid down by a Constitution Bench. “We can’t do so sitting in a two-judge bench. The Banthia Commission report is still sub judice. We allowed holding elections as per the situation prevailing earlier,” the court noted.
The Supreme Court also issued notice on petitions alleging that reservation in some local bodies had touched 70 per cent, far beyond the permissible limit.
Mehta informed the bench that Monday was the last day for filing nominations and pointed to the apex court’s May 6 order that allowed the state to proceed with local body elections.
Justice Bagchi, however, flagged a key concern. “We were fully conscious of the situation. We indicated that the pre-Banthia situation may prevail. But does it mean 27 per cent across the board? If that is so, our direction militates against the earlier order of this court. What would happen is that this order will go against the grain of the other order.”
The matter will now be heard on November 19.
