New Delhi: The Supreme Court on Friday permitted Maharashtra to conduct local body elections as scheduled but ruled that the declaration of results will remain subject to the final outcome of a case challenging the State’s revised reservation matrix for Other Backward Classes (OBCs).
The petitions before the Court allege that the State Government has breached the 50% ceiling on cumulative reservations for Scheduled Castes (SC), Scheduled Tribes (ST) and OBCs while implementing recommendations of the Banthia Commission for local body polls.
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A Bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi referred the matter to a three-judge Bench, scheduling the next hearing for January 21, 2026.
According to data submitted by the Maharashtra State Election Commission (SEC), reservations in 40 Municipal Councils and 17 Nagar Panchayats reportedly exceed the 50% limit mandated by earlier Supreme Court rulings. The SEC also stated that two Municipal Corporations face similar excess.
Polls to continue; results put on hold
While allowing the elections to proceed, the Court directed that results in the concerned areas must not be treated as final until the larger Bench decides the legality of the reservation framework.
“Elections to Municipal Councils and Nagar Panchayats may take place as per schedule, but results in 40 Municipal Councils and 17 Nagar Panchayats where reservation cap is said to have been breached shall be subject to the final outcome of these proceedings. The same applies to two Municipal Corporations exceeding 50% reservation,” the order stated.
The Bench clarified that even results in bodies not exceeding the reservation limit will remain subject to adjudication.
In 2021, a Constitution Bench in Vikas Kishanrao Gawali vs State of Maharashtra struck down a 27% OBC quota and laid down the triple test framework, requiring States to:
1. Appoint a dedicated commission to collect empirical data on OBC backwardness,
2. Determine reservation based on that data alone,
3. Ensure combined SC/ST/OBC quota does not cross 50%.
Maharashtra subsequently constituted the Banthia Commission, and its findings formed the basis of the new reservation scheme. That scheme is now under Supreme Court scrutiny.
Earlier, the apex court had warned that the State cannot breach the reservation cap for polls scheduled before January 31, 2026.
