'Would Stay The Polls If Quota Limit Is Breached': SC To Maharashtra Government In Local Body Elections
The bench issued notice on pleas alleging that in some cases, the reservation has reached 70% in local body polls of Maharashtra.
By Sumit Saxena
Published : November 17, 2025 at 6:55 PM IST
New Delhi: The Supreme Court on Monday said the Maharashtra government should refrain from exceeding 50 per cent reservations in local body elections scheduled for next month.
The matter came up before a bench comprising Justices Surya Kant and Joymalya Bagchi. The top court made it clear that it would put on hold the polls if the quota limit is breached. "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 apex court said.
The bench said, "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 bench said the local body elections in the state 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 Class (OBC) categories. "The Banthia Commission report is still subjudice, we allowed holding elections as per the situation prevailing earlier", said the bench.
Solicitor General Tushar Mehta, representing the Maharashtra government, requested the bench to fix the matter for hearing on November 19, 2025, to which the bench agreed.
Mehta said the last date for filing the nomination is Monday. He also referred to the May 6 order of the apex court, which paved the way for holding the elections. The bench said it is completely conscious of the situation and added, "we indicated that the pre-Banthia situation may prevail….".
The bench said 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…", observed the bench.
The bench also issued notice on pleas alleging that in some cases, the reservation has reached 70 per cent in local body polls of the state.
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