Will stay local body polls if 50 pc reservation limit is breached: SC to Maharashtra govt

New Delhi, Nov 17 (PTI) The Supreme Court on Monday asked the Maharashtra 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.

A bench of Justices Surya Kant and Joymalya Bagchi said the local body elections in Maharashtra can only be held as per the situation prevailing prior to the 2022 J K Banthia Commission report, which recommended a 27 per cent quota in Other Backward Classes (OBC) categories.

On the request of Solicitor General Tushar Mehta, appearing for Maharashtra, the bench fixed the matter for hearing on November 19 but asked the state government not to exceed the 50 per cent ceiling.

"If the plea is that nomination has begun and the court should stay its hand, then we will stay the elections. Don't test the powers of this court," the top court said.

It added, "We never meant to exceed the 50 per cent reservation cap set by the constitution bench. We can't do so sitting in a two-judge bench. The Banthia Commission report is still sub-judice, and we allowed holding elections as per the situation prevailing earlier.” The top court also issued a notice on pleas alleging that in some cases, the reservation has reached 70 per cent in local body polls of the state.

Mehta said the last date for filing nominations was Monday, and referred to a May 6 order of the apex court, which paved the way for holding the elections.

Justice Bagchi said, "We were fully conscious of the situation. We indicated that the pre-Banthia situation may prevail. But does it mean 27 per cent across the board? If that is so, our direction militates against the earlier order of this court. What would happen is -- this order will go against the grain of the other order." Senior advocates Vikas Singh and Narendra Hooda claimed that in more than 40 per cent constituencies, the 50 per cent quota cap was breached, while in some places, it was around 70 per cent.

Justice Kant told Mehta that the matter would become infructuous if the elections were to be held as per the Banthia Commission recommendations.

"We never said it will be over 50 per cent reservation. Don't push us to pass orders which are contrary to constitution bench orders," the bench said, as it pointed to the intervenor's application saying they are right in saying that court orders are being misconstrued.

Mehta said that the court said the process may go on subject to the final outcome of the petitions challenging the Banthia Commission recommendations, which were based on the empirical data.

The bench said the Commission report is still sub-judice and the only thing which the court said on its May 6 and September 16 order was that local body elections can be held as per the situation prevailing before the Commission's report.

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

Mehta assured that everything will be subject to the orders of the court that will be passed on November 19.

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 conducted 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 the 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 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 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, in order 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 ARI