New Delhi: The Supreme Court on Tuesday adjourned to November 28 the hearing on the issue of reservation limits in Maharashtra’s local body elections, after the State Government sought additional time, citing ongoing consultations with the State Election Commission (SEC) on the 50% ceiling on quotas.
A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi was informed by the SEC that elections to 246 municipal councils and 42 nagar panchayats had already been notified for December 2. It further submitted that in several local bodies going to polls, the 50% reservation cap has been exceeded.
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25 Oct 2025
The SEC added that elections to Zila Parishads, Municipal Corporations and Panchayat Samitis are yet to be notified.
Taking note of the submissions, the CJI said that reservation in 57 local bodies, where the limit has been breached, will remain subject to the outcome of the ongoing proceedings. The Bench also cautioned the SEC against violating the ceiling in future.
“These 57 will be subject to the result of these proceedings. Any further election you notify must comply with the 50% ceiling limit,” the court told the SEC.
Background of the case
In May 2025, the Supreme Court had directed that all local body elections be completed within four months, with OBC reservation restored according to the pre-2022 J.K. Banthia Commission framework. However, the court clarified that the polls would remain subject to petitions challenging the legality of the Banthia Commission recommendations.
During a later hearing on September 16, the court pulled up Maharashtra authorities for the delay and again ordered the SEC to complete the election process by January 31, 2026.
The apex court also directed that delimitation must be completed by October 31, and warned that any delay in delimitation cannot be accepted as a reason to postpone elections.
Extent of reservation breach
According to the SEC’s data placed before the court, the 50% reservation limit has been exceeded in:
• Zila Parishads: 17 of 32
• Panchayat Samitis: 83 of 336
• Municipal Councils: 40 of 242
• Nagar Panchayats: 17 of 46
• Municipal Corporations: 2 of 29
Arguments in court today
• Petitioners’ Side: Senior advocate Indira Jaising argued that elections in several bodies have already been notified and nominations are filed, but 40% of municipal councils have breached the 50% quota cap. Petitioners reiterated that earlier verdicts — particularly the judgment by Justice Khanwilkar’s Bench — did not permit OBC reservation before complying with the triple test.
• Solicitor General Tushar Mehta, appearing for the State, said the government was interpreting the court’s earlier orders in “good faith,” and sought a short adjournment for further instructions. He noted that elections to municipal councils and nagar panchayats are scheduled for December 2, while those to Zila Parishads, Panchayat Samitis and Municipal Corporations are pending.
• Petitioners strongly objected to the SEC seeking more time, insisting that the 50% reservation rule had been violated.
The CJI, however, made it clear: “We are expressing no views today. Ultimately, all elections will be governed by the final order in these proceedings.”
The SEC informed the court that any immediate decision would require reclassification of reservation categories. The Bench then scheduled the next hearing for Friday at 12 noon.
What is the core dispute?
The petition filed by Vikas Gawli challenges the reservation structure in several local bodies, arguing that the quota exceeds the constitutional 50% limit, making it illegal. The State Government, however, maintains that the reservation pattern is valid and based on the findings of the Banthia Commission, which it claims followed proper methodology.
