SC directs holding of Maharashtra local elections within 4 months
What's the story
The Supreme Court has passed an interim order for commencing local body polls in Maharashtra, which had been stalled since 2022 amid legal battles over Other Backward Classes (OBC) reservation.
The court ordered that the polls be held under the OBC reservation policy prevailing prior to the submission of the Banthia Commission report in July 2022.
The commission had recommended providing a 27% reservation in local bodies.
Election timeline
Court directs State Election Commission to notify elections
A bench of Justices Surya Kant and NK Singh has asked the State Election Commission to notify local body polls within four weeks.
The court said the election process should be completed in four months but allowed the EC to seek an extension if needed.
The polls were postponed after the Supreme Court in August 2022 ordered a status quo on OBC reservations in local bodies.
Judicial mandate
SC emphasizes importance of grassroots democracy
The SC emphasized grassroots democracy, saying, "The constitutional mandate of grassroots democracy through periodical elections to local bodies ought to be respected and ensured."
The bench added the order wouldn't affect ongoing petitions against the Banthia Commission.
During the hearing, Solicitor General Tushar Mehta, appearing for Maharashtra, asked why the elections cannot be held.
In response, Justice Kant lamented that bureaucrats had taken over municipal corporations and panchayats, all because of the ongoing litigation, which had stayed the democratic process.
Bureaucratic concerns
SC highlights bureaucratic control over local bodies
"Today bureaucrats are occupying all the Municipal Corporations and Panchayats and taking major policy decisions... Why not allow to hold the elections as per the present data?" Justice Kant said.
Senior Advocate Indira Jaising, appearing for petitioners, argued elections can't be held on the basis of the Banthia Commission's report, which de-reserved 34,000 seats intended for OBCs.
However, Solicitor General Mehta said the state had no objection to elections being conducted as proposed by Jaising.
Election demand
Petitioners seek elections based on current data
Justice Kant proposed elections on the basis of current OBC classifications, pending final decision in ongoing proceedings.
The court's order now clears the way for elections in roughly 2,000 urban and rural local bodies, including major municipal corporations such as Mumbai, Pune, and Nagpur.
The State Election Commission is scheduled to start the notification procedure soon, and the electoral exercise must be completed within four months.