Mumbai: The Bombay High Court on Friday directed the Maharashtra government to file reply affidavits to a batch of petitions raising various issues concerning delimitation and rotation of reservation for the upcoming local body elections.
The court has clarified that the State Election Commission (SEC) and the state government “shall continue with issuance of notice and preparations for conducting elections of all local bodies within the stipulated time.” However, the court noted that “all actions taken by the respondents shall be subject to the outcome of these petitions.”
49 Petitions Including Challenges To Delimitation Under Hearing
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad was hearing a batch of 49 petitions, including three that specifically challenge the delimitation process.
Senior advocate Anil Anturkar, appearing for one of the petitioners concerning delimitation exercised in the jurisdiction of Thane Municipal Corporation (TMC), argued that the last elections were held based on the 2017 delimitation carried out by the SEC.
“In May 2022, the SEC passed a second delimitation order without interference by the state government. But instead of following that, the government changed the law, transferring the power from the SEC to the executive, albeit in consultation with the SEC,” Anturkar submitted.
Petitioners Argue Law Change Violates Constitutional Provisions
He contended that this change, effected under the Maharashtra Municipal Corporation Act, violated constitutional provisions, as delimitation was earlier the exclusive domain of the SEC.
Considering the deadline on January 31, 2026, set by the Supreme Court in holding and concluding local body polls, Anturkar suggested using the delimitation exercise conducted by the SEC in 2017. “The only solution is to use the 2017 delimitation order prepared by the SEC. The Supreme Court has not modified the earlier cut-off date,” he said.
Vasai-Virar Petitioner Claims Villages Wrongfully Added
Advocate Neeta Karnik, representing another petitioner regarding delimitation exercised in Vasai-Virar City Municipal Corporation’s (VVCMC) jurisdiction, argued that several villages were wrongfully added in the corporation’s jurisdiction through notifications, despite a high court stay.
“Some of these villages fall under the Fifth Schedule of the Constitution of India and could not have been included in the corporation without following proper procedure,” she submitted.
Court Says Elections Cannot Be Stalled; Gives Govt Time Till November 24 To Respond
The bench remarked that petitions cannot be filed if one’s objections were rejected by SEC with regard to delimitation.
The court observed: “Merely because your objection has been rejected, you are not majority, that doesn’t make the notification bad. This is free for all sort here.” It added that while the issues are complex, “we cannot stall the election process in such a short span of time.”
The bench granted the state government time till November 24 to file reply affidavits and permitted rejoinders by November 27, when the petitions will be taken up for final hearing. It also asked counsels to prepare a category-wise chart, synopsis, and convenience compilation of relevant rules and circulars.
Also Watch:
HC Earlier Dismissed Petitions Over Voters’ List
Earlier this week, the HC had dismissed four petitions challenging the voters’ list for the local body elections, which alleged inadequate time to file objections and non-inclusion of names despite online applications.
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