Consider deferring nomination process for local body polls: SC to Maharashtra govt

New Delhi, Nov 19 (PTI) The Supreme Court on Wednesday asked the Maharashtra government to consider deferring the process of nomination for local body elections till the issue of grant of 27 per cent reservation is adjudicated by it.

A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh posted the matter for hearing on November 25, after Solicitor General Tushar Mehta sought to submit some additional documents concerning the dispute over quota for Other Backward Class (OBC) quota in local body elections.

"Why can't you consider deferring the nomination process till we look into the issue?" the bench said.

At the outset, Mehta, seeking accommodation for the day, submitted that it is only the nomination process which is going on for the local bodies.

Advocate Amol B Karande, appearing for parties opposing the grant of 27 per cent reservation in local body elections, submitted that the poll process will be irreversible if the state is allowed to carry on with the nomination.

Justice Kant observed that the court was conscious of the fact and asked the petitioners to mention the matter on November 25, and it would hear the issues.

On November 17, the top court asked the state government not to exceed 50 per cent reservations in local body elections scheduled for next month, and warned to stay the polls if the quota limits are breached.

It had said that the local body elections in Maharashtra can only be held as per the situation prevailing before the 2022 J K Banthia Commission report, which recommended a 27 per cent quota in Other Backward Classes (OBC) categories.

The top court had issued a notice on pleas alleging that in some cases, the reservation has reached 70 per cent in local body polls of the state.

It said the commission report is still sub-judice, and the only thing which the court said in its May 6 and September 16 orders was that local body elections can be held as per the situation prevailing before the commission's report.

Justice Kant had observed that it appears that the court's simple orders are being complicated by state officials, and therefore, the filing of nominations for the local body polls should be deferred.

According to the schedule announced on November 4 by the State Election Commissions (SEC), polls to 246 municipal councils and 42 nagar panchayats in Maharashtra will be held on December 2, while the votes will be counted on December 3.

The last day to file nominations was November 17, and the scrutiny will be done on November 18. November 21 is the deadline to withdraw nominations, while election symbols and the list of candidates will be published on November 26.

On September 16, the top court said the pending delimitation exercise(s), in all circumstances, shall be completed by October 31, 2025, and no further extension shall be granted in this regard.

It said the elections to all local bodies, including zila parishads, panchayat samitis and municipalities, shall be conducted by January 31, 2026, and made it clear that no further extension shall be granted to the state or the SEC.

On May 6, the top court paved the way for local body polls, which were stalled for more than five years due to the OBC reservation issue, as it ordered the SEC to notify it in four weeks.

Reservation, it ordered, should be provided to the OBC in line with the law existing in the state before the 2022 report of the Banthia Commission, which recommended a 27 per cent quota for the category in local bodies.

On August 22, 2022, the top court directed the SEC and the Maharashtra government to maintain the status quo with regard to the poll process for the local bodies in the state.

The top court had passed the order on a plea of the Maharashtra government seeking a recall of the apex court order by which it directed the SEC not to re-notify the poll process for 367 local bodies, where it has already begun, to provide reservations to OBCs.

The state government came out with an ordinance providing 27 per cent reservation to the OBCs in local body polls. The government then moved the top court seeking a recall or modification of its order.

The top court on July 28, 2022, warned the state poll panel of contempt action if it re-notified the election process to such local bodies.

The apex court had quashed the SEC notification to provide 27 per cent quotas for OBCs in local bodies in 2021, and in December the same year, it ruled that reservation for OBCs in local bodies was not to be allowed unless the government fulfilled the triple test laid down by the top court's 2010 order. PTI MNL RHL