The court referred the matter to a three-judge bench and directed that the next hearing be held on January 21
Representational Image. File Pic
The Supreme Court on Friday directed the Maharashtra State Election Commission (SEC) not to issue notifications exceeding 50 per cent OBC reservation in local bodies where elections have not yet been announced.
The bench also clarified that the outcome of elections for which notifications with reservations above 50 per cent have already been issued will be determined based on the pending petitions challenging them. The observations were made by a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi.
The apex court allowed the SEC to proceed with local body elections in areas where the electoral process is already underway, including regions where nominations have been filed and voting is scheduled.
However, the Court highlighted that in 40 Municipal Councils and 17 District Nagar Panchayats, the OBC reservation exceeds the 50 per cent ceiling. The process of elections to a total of 246 municipal councils and 42 municipal panchayats has begun in the state.
The elections to 29 municipal corporations and 346 panchayat committees have not been announced yet.
The court referred the matter to a three-judge bench and directed that the next hearing be held on January 21 and allowed the elections for which notifications have been issued to be held as per the schedule.
Reacting to the Supreme Court’s direction that the OBC quota in upcoming Maharashtra local body elections must remain within the 50 per cent limit, Congress leader Vijay Wadettiwar said the decision leaves the entire electoral process “under a hanging sword.”
Wadettiwar said that while elections may go ahead, holding them before the court’s final verdict would keep OBC representation in uncertainty. He criticised the government for celebrating its decision to grant 27 per cent reservation to OBCs, arguing that the quota is now “under threat.”
He pointed out that although the court has instructed the state to begin the process for Zila Parishad and Municipal Corporation elections, it has also made it clear that polls cannot proceed in places where reservations exceed the 50 per cent ceiling.
Accusing the government of “deceiving the OBC community,” Wadettiwar said the final outcome of the elections would ultimately depend on the Supreme Court’s ruling. “So where has the 27 per cent OBC reservation gone? The BJP has misled our OBC brothers and exposed its own deceit,” he added.
VIDEO | Chandrapur: On Supreme Court's direction that OBC quota in upcoming Maharashtra local body polls must stay below the 50% limit, Congress leader Vijay Wadettiwar (@VijayWadettiwar) says, “If elections are to be held, then the results will remain under a hanging sword.… pic.twitter.com/IJUkwuYSck
— Press Trust of India (@PTI_News) November 28, 2025
During the hearing at the Supreme Court on Friday, the petition alleged breach of OBC reservation norms in municipal council polls. However, the Supreme Court made it clear that the SEC can proceed with the election but the results will be dependent on the final outcome of the case. The bench also said the state poll panel may proceed with the elections for other zila parishad, panchayat samiti and nagar parishad, where the issue of breach of 50 per cent quota is not there. However, the results of these local bodies will also depend on the final verdict in the case, the bench said.
Shiv Sena leader Shaina NC welcomed the Supreme Court’s directive on maintaining the 50 per cent reservation cap in Maharashtra’s upcoming local body elections, saying the order leaves no room for ambiguity.
“The Supreme Court has made it very clear that for the yet-to-be-notified elections — including 29 municipal corporations, 32 zilla parishads and 346 panchayat samitis — the State Election Commission must ensure that reservation remains strictly within the 50 per cent limit, and any notification must reflect this cap,” she said.
Shaina NC added that the party respects the court’s verdict, noting that the outcome for notified bodies will remain subject to the Court’s final judgment. “There is no need to question this further. The remaining local body elections in Maharashtra must be conducted without breaching the 50 per cent cap. Let us welcome this decision,” she said.
She pointed out that 246 municipal councils and 42 Nagar Panchayats, already notified for polling on December 2, will continue as scheduled. “Let’s adhere to the timeline and the Supreme Court’s guidelines,” she said.
Earlier on Tuesday, the Supreme Court bench hearing petitions challenging OBC reservation in Maharashtra’s local body elections indicated that it would allow the polls to proceed. However, it clarified that in already-notified seats, any reservation breaching the 50 per cent cap will be subject to its final ruling, and in seats yet to be notified, the quota cannot exceed the 50 per cent limit.
VIDEO | Maharashtra local body polls: Shiv Sena leader Shaina NC says,"The Supreme Court has made it very clear that the yet-to-be-notified elections, including the 29 municipal corporations, 32 zilla parishads and 346 panchayat samathis, the court has directed the State Election… pic.twitter.com/rsspPeNTfi
— Press Trust of India (@PTI_News) November 28, 2025
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