Supreme Court tells Maharashtra not to breach 50% reservation limit in local polls

The Supreme Court on Monday directed the Maharashtra government to not exceed the 50% reservations in local body elections slated to be held next month.

A division bench comprising Justices Surya Kant and Joymalya Bagchi warned that the court will stay the polls if the quota limits were breached. The bench observed that the local body elections in the state can only be held as per the situation prevailing prior to the 2022 JK Banthia Commission report, which recommended a 27% quota in Other Backward Class (OBC) categories.

Appearing on behalf of the Maharashtra government, Solicitor General Tushar Mehta sought time to file a response. Granting the same, the SC posted the matter for resumed hearing on November 19. But directed the state government to not exceed the 50% 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 bench verbally remarked.


The top court added, "We never meant to exceed the 50% 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, we allowed holding elections as per the situation prevailing earlier."

The apex court also issued notice on pleas alleging that in some cases, the reservation had reached 70% in local body polls of the state.