Pune: Supreme Court Clears Path For Municipal Elections in Maharashtra
Reported by Mubarak Ansari
New Delhi/Pune, 28th November 2025: The Supreme Court on Thursday directed the Election Commission to ensure that reservations in local body elections do not exceed the 50% limit mandated by law. The observation came during the hearing of petitions alleging that the quota ceiling had been breached in multiple municipal councils and nagar panchayats.
A bench of Chief Justice Surya Kant and Justice Jaimalya Bagchi took note of the submissions made by the Election Commission’s counsel Balbir Singh, who acknowledged that the 50% threshold had been crossed in 22% of the local bodies currently heading for polls.
Responding to the submission, the Chief Justice remarked that the results in around 40 municipal councils where reservation has exceeded the limit would be subject to the court’s final decision — or the elections in those places may have to be postponed. Advocate Indira Jaising, appearing for the OBC Reservation Rights Committee, supported the suggestion.
During the proceedings, Jaising also raised concerns that Other Backward Classes (OBCs) were being denied adequate political representation due to the 50% cap followed by the Banthia Commission. She argued that many regions are left without OBC reservation as a result. The bench took note but said it had yet to examine the Commission’s findings.
The Supreme Court ordered that the case be placed before a three-judge bench for detailed consideration in the second week of January 2026.
Senior advocate Vikas Singh urged the court to halt the election process until the matter is decided, but the court did not issue a stay.
After hearing all parties, the bench recorded that the Maharashtra State Election Commission had submitted a brief note in compliance with earlier directions. “There are only 40 municipal councils and 17 nagar panchayats where reservation is more than 50 percent,” the court observed.
The bench then clarified that municipal council and nagar panchayat elections may go ahead as per the notified programme. However, the results of the 40 councils and 17 nagar panchayats where the reservation cap has been exceeded will remain subject to the final verdict.
