Results of Maharashtra local bodies where 50 pc quota ceiling breached would depend on verdict: SC

New Delhi, Nov 25 (PTI) The Supreme Court on Tuesday observed that the final results of elections in Maharashtra for 57 local bodies, where 50 per cent ceiling on quota has been breached, will depend on its judgement in the case.

The observations were made by a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi while deferring to November 28 the hearing on the issue of reservation in local body elections.

The Maharashtra government, represented by Solicitor General Tushar Mehta, sought time to consult the state election commission (SEC) regarding compliance with the 50 per cent ceiling on quotas.

Earlier on November 19, the bench had asked the state government to consider deferring the process of nomination for local body elections till the issue of grant of 27 per cent reservation for the Other Backward Class (OBC) is adjudicated upon by it.

On Tuesday, the bench was informed by senior advocate Balbir Singh, appearing for the SEC, that elections to 242 municipal councils and 42 nagar panchayats, a total of 288 bodies, have already been notified for December 2.

The senior lawyer said in 57 of these bodies, the 50 per cent reservation cap stands breached.

Taking note of this, the bench said the reservation exceeding 50 per cent in the already-notified 57 bodies would remain subject to the final outcome of the ongoing proceedings.

At the outset, the solicitor general sought an adjournment to allow time for consultations with the SEC.

Senior advocate Vikas Singh argued that previous orders, including a July 2022 direction by a three-judge bench led by Justice A M Khanwilkar approving the Banthia recommendations, had created confusion.

The law officer said the state authorities acted under a "bona fide interpretation" of the court's orders.

Senior advocate Indira Jaising, while not opposing the adjournment, informed the bench that some petitioners have also moved a contempt petition, essentially challenging the May 2025 order.

Supporting the existing notified reservation structure, she contended that elections already underway should not be halted and stressed that the court had earlier made the poll process subject to judicial outcome.

The CJI remarked that if elections were ultimately found to be illegal, the court had the power to set them aside.

"If elections are held contrary to law, they can be annulled," the CJI said.

Vikas Singh, however, argued that such annulment would lead to waste of public funds and pressed for pausing the electoral process.

Senior advocate Narender Hooda described the 50 percent upper limit as a constitutional "Lakshman Rekha".

Noticing discrepancies in figures regarding local bodies breaching the quota cap, the bench asked the SEC to furnish a detailed list. Local body elections in Maharashtra have remained stalled since 2021 due to the controversy surrounding OBC reservation.

In December 2021, the top court stayed the quota, holding that it could only be implemented after fulfilling the triple-test requirement laid down in earlier judgments.

The triple test contains the establishment of a commission to study backwardness, and second, determination of the specific proportion of reservation based on the commission's findings and third, ensuring that the total reservation for SCs, STs, and OBCs does not exceed 50 per cent of the total seats.

The state had constituted the Jayant Kumar Banthia Commission in March 2022 to determine empirical data for OBC reservation.

The Commission submitted its report in July 2022.

In May 2025, the bench directed Maharashtra to conduct the long-pending elections within four months, and to grant OBC reservation based on the legal framework that existed prior to the Banthia report.

Last week, the bench noted that this order had been misconstrued by authorities as permitting reservations beyond 50 per cent, and clarified that no such excess was allowed. PTI SJK ZMN