Don't cross 50% reservation limit in local body elections: Supreme Court to Maharashtra government

The SC said, '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.'

New Delhi: The Supreme Court on Monday asked the Maharashtra government not to exceed 50 per cent reservations in local body elections scheduled for next month, and warned to stay the polls if the quota limits are breached.

A bench of Justices Surya Kant and Joymalya Bagchi said the local body elections in the state can only be held as per the situation prevailing prior to the 2022 J K Banthia Commission report, which recommended a 27 per cent quota in Other Backward Class (OBC) categories.

On the request of Solicitor General Tushar Mehta, appearing for Maharashtra, the bench fixed the matter for hearing on November 19 but asked the state government not to exceed the 50 per cent 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 top court said.

It added, "We never meant to exceed the 50 per cent 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 top court also issued notice on pleas alleging that in some cases, the reservation has reached 70 per cent in local body polls of the state.

Mehta said the last date for filing nomination is Monday, and referred to the May 6 order of the apex court, which paved the way for holding of the elections.

Justice Bagchi said, "We were fully conscious of the situation. We indicated that the pre-Banthia situation may prevail. But does it mean 27 per cent across the board? If that is so, our direction militates against the earlier order of this court. What would happen is -- this order will go against the grain of the other order."