Maharashtra bills on local body polls may face legal scrutiny

The Maharashtra assembly has passed two bills that would empower the state to redraw the map of wards, prepare voter list and would make it mandatory for the state election commission to consult the state government before finalising poll dates.

The assembly unanimously passed the Mumbai Municipal Corporation Act and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act as well as the Maharashtra Village Panchayats and Zilla Parishads and Panchayat Samitis Act on Monday.

The Supreme Court had recently struck down the state's decision to reserve 27% wards in local bodies for OBCs. With all parties agreeing that local body polls should not be held before restoring the OBC quota, the state government introduced the two bills which mirror similar Acts in neighbouring Madhya Pradesh.


"There are a few constitutional problems with the bill. Prima facie, they seem to have been hastily passed. A bill that extends period of an elected body and decreases powers of the election commission may face judicial scrutiny," said constitutional expert Ulhas Bapat. "The election commission is a constitutional authority meant to conduct free and fair elections. Taking away its powers could be violative of the basic structure of the Constitution. This may not stand the test of law," he said.

The SC order had said that the OBC quota had to be based on rigorous empirical data and specify the proportion of reservations. Total reservation should not exceed the 50% quota limit set in the Indira Sawhney case too.