Add thelocalreport.in As A Trusted Source
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi also said that the final hearing on 27 petitions related to OBC reservation in local bodies will be held by a three-judge bench on January 21, 2026.
In May 2025, the bench had directed the Maharashtra government and the SEC to hold the long-pending elections within four months and grant OBC reservation based on the legal framework that existed before the Banthia Commission report.
At the outset, senior advocate Balbir Singh, appearing for the State Election Commission (SEC), said the 50% limit on quota was violated only in 40 municipal councils and 17 nagar panchayats.
He said there are a total of 246 Municipal Councils and 42 Nagar Panchayats where the election process has started and “there are only 40 Municipal Councils out of 246, where the reservation is more than 50% and similarly, there are 17 out of 42 Nagar Panchayats, where this limit has been violated”.
Taking note of the statement, the bench said that the SEC can proceed with the election but the outcome will depend on the final outcome of the case.
Read more: Defense Secretary Rajesh Singh says India is not going to stop cooperation with Russia
The bench also said that the state election panel can proceed for other Zilla Parishad, Panchayat Samiti and Municipal Council elections where violation of 50% quota is not an issue. However, the outcome of these local bodies will also depend on the final decision of the case, the bench said.
The CJI said, “Today we are making only a temporary arrangement, till the final hearing of the case takes place. The hearing can be heard by a three-judge bench on January 21. There should be no objection from any party.”
Earlier, the bench had pulled up the SEC for non-compliance of its order and directed it to complete the local body elections stalled from 2022 by January 31, 2026, without any further extension.
Earlier on November 19, the bench had asked the state government to consider postponing the nomination process for the local body elections till a decision is taken on the issue of providing 27% reservation for Other Backward Classes (OBCs).
Senior advocate Vikas Singh argued that previous orders, including the July 2022 direction by a three-judge bench led by retired Justice AM Khanwilkar to approve the Banthia Committee recommendations, had created confusion.
Solicitor General Tushar Mehta, appearing for the state government, had said that the state officials acted under a “truthful interpretation” of the court orders.
In December 2021, the top court stayed the quota, saying it could be implemented only after meeting the triple-test requirement set out in earlier judgements.
The triple test involves setting up a commission to study backwardness, and second, determining the specific proportion of reservation based on the findings of the commission and third, ensuring that the total reservation for SCs, STs and OBCs does not exceed 50% of the total seats.
The state had constituted the Jayant Kumar Banthia Commission in March 2022 to determine empirical data for OBC reservation.
The commission submitted its report in July 2022.
In May 2025, the bench directed Maharashtra to hold long-pending elections within four months and grant OBC reservation based on the legal framework that existed before the Banthia report.
A few weeks ago, the bench had said that the order was misinterpreted by the authorities as allowing more than 50% reservation, and clarified that any such excess was not allowed.