THE SUPREME COURT on Friday directed the Maharashtra State Election Commission (SEC) to notify elections to the remaining local bodies with reservations for SC/ST and OBC communities capped at 50%, and clarified that the results of elections already underway—where the reservation exceeds this ceiling—will remain subject to the outcome of the petitions challenging such excess reservation.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi, while noting that elections are progressing in several local bodies, said that “the results of local bodies where reservation exceeds 50% will be subject to the outcome of the writ petition.” The bench added that even the results of elections conducted within the 50% cap would ultimately abide by the final adjudication.
The matter has now been referred to a three-judge bench and listed for January 21, 2026.
According to data placed on record by the SEC, elections are presently underway in 246 municipal councils and 42 Nagar Panchayats, with polling scheduled for December 2, 2025. Of these, 40 municipal councils and 17 Nagar Panchayats have reservations for SC/ST and OBCs exceeding the 50% limit. Elections to 29 municipal corporations, 32 Zila Parishads, and 346 Panchayat Samitis are yet to be notified.
Allowing the December 2 polling to proceed, the Court’s interim order stated: “Meanwhile, the elections of Municipal Councils and Nagar Panchayats may take place as per the notified schedule. However, the results of local bodies where reservation exceeds 50% will be subject to the result of the writ petition.”
With regard to the remaining local bodies where polls are yet to be announced, the Court directed the SEC to initiate the process but reiterated the ceiling on reservations. The order reads: “So far as other bodies, the State and the SEC will be at liberty to initiate the election process. However, it is directed that reservation in all these institutions shall not exceed 50%. This condition is also subject to the final outcome of the present proceedings.”
During the hearing, senior advocate Vikas Singh pressed for a clear direction mandating the conduct of elections to the 29 municipal corporations, 32 Zila Parishads, and 346 Panchayat Samitis, expressing apprehension that any ambiguity could lead to further delays. Responding, the bench clarified: “In Zila Parishads and Panchayat Samitis, wherever reservation does not exceed 50%, let the elections be held in terms of the previous directions.”
Senior advocate Indira Jaising also informed the Court that a separate petition has been filed challenging the Banthia Commission report, which forms the basis for the reservation matrix.