The Supreme Court has made it clear that the fate of elections in 57 local bodies in Maharashtra, where total reservation exceeds the 50% ceiling, will depend on its final ruling regarding the Other Backward Classes (OBC) quota issue. A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi, which is hearing challenges to reservation in local body elections, adjourned the matter to November 28, 2025. The court noted that the legality of the ongoing electoral process, particularly in the 57 bodies where the cap is exceeded, will hinge on the outcome of the case. The Supreme Court has emphasized the need for smooth grassroots democracy and compliance with the 50% ceiling for future elections, warning that polls held contrary to its orders could be set aside.
The controversy over OBC quotas has stalled local body elections in Maharashtra since 2021. In December 2021, the Supreme Court stayed OBC reservation, holding that it could be implemented only after completing the triple test: Appointment of a dedicated commission to collect empirical data on backwardness, specifying the proportion of reservation required, and ensuring that such reservation does not exceed 50 percent of the total seats.
The Jayant Kumar Banthia Commission was appointed in March 2022 and submitted its report in July 2022, recommending 27% representation for OBCs in local bodies, within the 50% reservation ceiling. In May 2025, the Supreme Court directed the state to conduct the long-pending elections within four months and grant OBC reservation based on the legal framework existing before the Banthia report.
Currently, elections for 246 municipal councils and 42 nagar panchayats are scheduled for December 2. In 57 of these, the reservation percentage exceeds the permissible limit. The court was reminded of its earlier direction on November 19 asking the state to consider deferring nomination processes until the dispute on 27 percent OBC reservation is decided. The bench has asked the State Election Commission (SEC) to provide a detailed list of bodies exceeding the reservation cap.
Senior advocate Indira Jaising, while not opposing adjournment, contended that elections underway should not be halted. She said the court had already made them subject to its final ruling and flagged that some petitioners have also filed a contempt plea challenging the May 2025 order.
The Supreme Court clarified last week that its previous order had been misread by authorities and that it did not permit reservations beyond the 50 percent ceiling. The matter is listed on November 28, when the SEC is expected to present a detailed breakup of reservations across the 288 notified local bodies. The court has insisted that the total quota in local bodies cannot exceed 50%. The bench also said that the remaining seats must comply with the 50% criteria and the Banthia Commission report.
