New Delhi, Nov 28 (NationPress) The Supreme Court has issued a directive on Friday, prohibiting the Maharashtra State Election Commission (SEC) from implementing reservations that exceed 50 percent in local bodies where elections remain unannounced.

While permitting the scheduled elections to proceed, a Bench led by Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi stated that the results in local bodies where the reservation surpasses the 50 percent ceiling will be contingent upon the outcome of ongoing petitions regarding OBC reservations in Maharashtra.

"Elections for municipal councils and nagar panchayats may occur as per the notified timeline. However, the results in local bodies with reservations exceeding 50 percent will depend on the outcome of the writ petition," the CJI Surya Kant-led Bench articulated.

In its order, the apex court directed the SEC to proceed with notifying elections for zila parishads, municipal corporations, and panchayat samitis, adding: "For other bodies, both the state government and the SEC can initiate the election process. However, it is mandated that reservations in all these institutions must not exceed 50 percent. This stipulation is also subject to the final result of the current proceedings."

The matter has been referred to a three-judge Bench and is scheduled for hearing on January 21.

Following a plea from senior advocate Vikas Singh for guidance to ensure elections proceed without further delays, the Bench ruled: "In Zila Parishads and Panchayat Samitis, wherever the reservation is within 50 percent, let the elections take place in accordance with prior directives."

Senior advocate Balbir Singh, representing the SEC, informed the apex court that elections for 246 municipal councils and 42 nagar panchayats are already set for December 2, and in 57 local bodies going to polls, the reservation limit of 50 percent has been surpassed.

Earlier in May, the Supreme Court mandated that local body elections should be conducted within four months, reinstating OBC reservations in line with the pre-2022 J.K. Banthia Commission legal framework. It clarified that these polls would be subject to the outcome of petitions challenging the Banthia commission’s recommendations.

During a hearing on September 16, the apex court admonished state authorities for not adhering to its earlier directive to complete the election process by August and reiterated that the SEC must conduct local body polls by January 31, 2026.

The apex court also mandated that the delimitation exercise be completed by October 31, emphasizing that any delay in this process should not serve as a justification to postpone local body elections.