Supreme Court Allows Maharashtra Local Body Elections with Reservation Limits

The Supreme Court has given the green light for local body elections in Maharashtra, emphasizing that reservations must not exceed the 50% limit. This decision comes amidst ongoing legal challenges regarding OBC reservations in the state's governance. Chief Justice Surya Kant highlighted that elections in 57 local bodies exceeding this cap will depend on the outcome of current proceedings. The court's ruling aims to clarify the interpretation of previous orders regarding reservation limits, ensuring compliance with established legal standards. As elections approach, the Maharashtra State Election Commission is tasked with adhering to these guidelines, marking a significant moment in the state's electoral landscape.

By Narendra Chaudhary Nov 25, 2025, 21:01 IST

Supreme Court's Decision on Local Body Elections

On Tuesday, the Supreme Court indicated its intention to permit the local body elections in Maharashtra to proceed. However, it emphasized that the reservation for seats must not surpass the 50% limit in areas where elections have not yet been announced, according to reports.

A bench led by Chief Justice Surya Kant made these comments while addressing petitions that contest the implementation of reservations for Other Backward Classes (OBC) in the local governance structures of the state.

Chief Justice Kant noted that in the 57 local bodies where the reservation exceeds the 50% threshold, the elections will depend on the results of ongoing legal proceedings. He instructed the Maharashtra State Election Commission's lawyer that any future elections must adhere to the 50% cap.

Advocate Balbir Singh, representing the commission, informed the court that elections for 246 Municipal Councils and 42 Nagar Panchayats are set for December 2, with the counting scheduled for December 3.

However, elections for Zila Parishads, Municipal Corporations, and Panchayat Samitis are still pending notification.

The bench has ordered the commission to provide a list of the 57 local bodies where the reservation limit has been exceeded.

Local body elections in Maharashtra have been on hold since 2021 due to ongoing court cases regarding OBC reservations.

In December 2021, the Supreme Court had put a stay on the quota, stating it could only be implemented once the state fulfilled the 'triple-tests' criteria established in previous rulings.

This 'triple test' mandates that state governments form a commission for empirical investigation, ascertain proportional reservations based on the findings, and ensure that the total reservations for Scheduled Castes, Scheduled Tribes, and OBCs do not exceed 50%.

The 50% limit was established by the Supreme Court in the landmark 1992 ruling of Indra Sawhney vs Union Of India.

To comply with the 'triple test', the state set up the Jayant Kumar Banthia Commission in March 2022, which recommended a 27% reservation for OBCs while maintaining the overall 50% cap.

As the commission's report faced challenges, the Supreme Court ordered in August 2022 that the status quo be preserved.

On May 6, 2023, the court permitted elections to proceed with OBC reservations reinstated to the levels prior to the Banthia Commission's July 2022 report.

However, during a recent hearing, the bench remarked that state officials seemed to have misinterpreted this order as allowing reservations to exceed 50%, clarifying that the ceiling remains in effect.