New Delhi: The Supreme Court on Friday instructed the Maharashtra government and the State Election Commission (SEC) to proceed without further delay on long-pending local body elections across the state, including areas where reservations for the Other Backward Classes (OBCs) surpass the constitutional ceiling of 50%. The Court clarified that all resulting outcomes will be subject to its final verdict on the contentious OBC quota issue.
A Bench led by Chief Justice Surya Kant along with Justice Joymalya Bagchi issued the direction while hearing petitions related to the stalled election process. The judges stressed that the democratic machinery cannot be left suspended indefinitely and that the constitutional functions of the Election Commission must continue, irrespective of political disagreements or administrative hurdles.
During the proceedings, the SEC informed the Court that in 246 municipal councils and 42 nagar panchayats, the legally prescribed reservation limit has already been exceeded in a substantial portion of constituencies. Specifically, 40 municipal councils and 17 nagar panchayats have breached the reservation cap. It added that preparatory steps for polling have already commenced in several regions.
The dispute over OBC reservations in local bodies has been pending for more than a year. The controversy heightened after the Banthia Commission’s recommendations, which proposed revised allocation for OBC categories in civic institutions. In May 2025, the Supreme Court had directed elections to be held within four months using the pre‑Banthia legal framework, but the process remained stalled as the quota issue continued to trigger administrative complications and political objections.
By renewing its directive, the Court reiterated that failure to hold elections would amount to a violation of constitutional mandates concerning timely local governance. The Bench made it clear that even in areas where reservation structures may later be modified pursuant to the Court’s final decision, the immediate priority is to ensure that elected civic bodies are restored and operational.
The Supreme Court further scheduled a final hearing on the 27 pending petitions concerning OBC reservation in Maharashtra’s local bodies for January 21, 2026. The Bench is expected to examine the broader issues surrounding reservation policy implementation, proportional representation, and the legal validity of exceeding the 50% limit in exceptional circumstances.
Officials from the Union and State governments remain under scrutiny for delays in addressing the structural legislative concerns flagged by the Court earlier this year. Advocates representing various parties acknowledged that the prolonged uncertainty has left several municipalities functioning under administrators rather than elected representatives, impacting the delivery of essential public services.
With Friday’s order, the path has been cleared for the SEC to finalize poll schedules and resume the halted democratic process across local governance institutions in Maharashtra. However, the Court’s condition means that elected representatives may ultimately have their status altered depending on the outcome of the quota verdict next year.
The issue continues to remain politically sensitive, as parties differ in their positions on OBC representation in local bodies. Nonetheless, the Supreme Court emphasized that constitutional duties of election administration must prevail, ensuring that civic governance does not remain paralyzed by the ongoing legal dispute.
