\The Supreme Court on Tuesday adjourned the hearing in the Maharashtra local body elections case to Friday after the State sought additional time, saying it was still consulting the State Election Commission (SEC) on the 50% ceiling for reservations.
Elections Already Notified Amid Reservation Dispute
Senior Advocate Balbir Singh, representing the SEC, informed Chief Justice of India Surya Kant and Justice Joymalya Bagchi that elections for 242 Municipal Councils and 42 Nagar Panchayats have already been notified for December 2. He added that in 57 out of these 288 bodies, the 50% reservation cap has been breached. The Court clarified that any future election notifications must strictly comply with the 50% ceiling, while the already-notified 57 bodies will remain subject to the outcome of the case.
CJI Stresses Unity Over Caste-Based Quotas
Chief Justice Surya Kant remarked on the broader implications of caste-based quotas: “Whatever we do, we should not divide society on caste lines.” Concerns were raised that rigid enforcement of the ceiling could exclude Other Backward Classes (OBCs) from grassroots democracy.
Arguments For OBC Representation
Senior Advocate Indira Jaising, supporting OBC reservation, highlighted that many regions in Maharashtra have high tribal populations, where SC-ST quotas alone could reach 50%, leaving no space for OBC reservation. She also noted that a caste census has not been conducted since 1931, though a fresh one is proposed to determine the OBC population.
CJI Questions Exclusion of OBCs
Responding to submissions about potential exclusion, the CJI asked, “How can there be democracy by excluding OBCs?” He reiterated that proportional representation is important, but society should not be fragmented along caste lines. Jaising clarified that petitioners were seeking proportional representation, not division.
Background of the OBC Reservation Dispute
The issue dates back to 2021 when the Supreme Court stayed OBC quotas until the State fulfilled the “triple test.” In March 2022, the Maharashtra government formed the Jayant Kumar Banthia Commission, which submitted its report in July. In May 2025, the Supreme Court directed elections to be held within four months, with OBC reservations implemented as per pre-Banthia report laws. The Court later clarified that the 50% ceiling should not be crossed.
State Seeks Adjournment Amid Consultations
At Tuesday’s hearing, Solicitor General Tushar Mehta sought an adjournment due to ongoing consultations. Senior Advocate Vikas Singh argued that earlier orders created confusion. Jaising did not oppose the adjournment but noted that some petitioners had filed contempt pleas, effectively seeking a review of the May order. She maintained that ongoing elections should continue, subject to the Court’s final decision.
Court Emphasises Legal Safeguards
The CJI observed that illegal elections could always be annulled, but stressed that efforts were being made to “iron out the creases” so that grassroots democracy is not stalled.
Local Realities Highlighted by Lawyers
Lawyers highlighted tension between the strict 50% cap and local realities in tribal-dominated regions. The bench noted that the Constitution Bench judgment in K. Krishna Murthy provides exceptions in special situations. The SEC was asked to furnish data on OBC populations in areas where the ceiling was exceeded.
Next Hearing Scheduled
The Supreme Court will next take up the matter on Friday to further examine the OBC reservation issue in Maharashtra’s local body elections.
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