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View of the Supreme Court of India, in New Delhi
New Delhi: Pulling up the Maharashtra State Election Commission for non-compliance of its order, the Supreme Court on Tuesday directed the state local body polls, stalled since 2022, to be completed by January 31, 2026 without further extension.
The bench was irked over the failure of the state election commission (SEC) to comply with its order mandating a timely conclusion of the stalled local body elections.
“Elections of all local bodies, including Zila Parishads, Panchayat Samitis and all municipalities shall be conducted by January 31, 2026. No further extension shall be granted to the state and the State Election Commission. In case any other logistic assistance required, application can be filed promptly before October 31, 2025. No prayer will be entertained thereafter,” a bench comprising Justices Surya Kant and Joymalya Bagchi said.
The bench was informed that the delimitation for municipalities was underway and the SEC had sought an extension on grounds including insufficient EVMs besides the unavailability of school premises due to board exams.
“We are constrained to observe that SEC has failed to take prompt action for compliance of this court's directions in the prescribed time schedule. However, as a one-time concession, we deem apt to issue following directions," it said.
The bench added, “Pending delimitation shall be completed by October 31, 2025. No further extension shall be granted. Delimitation exercise shall not be ground to defer elections.” The bench rejected the plea for postponement of polls on the ground that due to upcoming board exams, schools premises will be unavailable, saying the exams will take place in March next year.
“The Chief Secretary, Maharashtra to immediately deploy requisite staff to perform duties of returning officers and other assisting staff as may be required,” it directed.
It also asked the state poll panel to submit details of staff required for polls to the chief secretary within two weeks.
It said the chief secretary in consultation with secretaries of other departments, if required, will provide requisite staff to the SEC within four weeks after the request is made by the poll panel.
“As regard to non-availability of requisite EVMs, we direct the SEC to make necessary arrangements and file a compliance affidavit regarding availability of EVMs by November 30, 2025,” it ordered.
The bench was hearing petitions concerning the long-pending civic elections in Maharashtra.
In May, the court issued an interim order directing conclusion of polls within four months, which is September.
Justice Kant reminded the state authorities of the earlier deadline and said, “Have the elections been conducted? Order was passed in May; elections were to be conducted in four months.” The counsel for Maharashtra and the SEC said the delimitation process was underway and they have sought an extension.
“Your inaction speaks of incompetence. These issues were known to you even when we passed the first order,” the bench said.
Counsel for the SEC admitted while 65,000 EVMs were currently available, another 50,000 were still required and had been ordered.
Petitioners, opposing the extension, argued the SEC failed to notify elections within the stipulated two weeks and was redoing the entire process, citing excuses ranging from festivals to staff shortages.
In its order, the bench recorded elections were stalled since 2022 primarily due to disputes over Other Backward Classes reservation in local bodies.