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Supreme Court directs Maharashtra govt not to exceed 50% reservation ceiling (SC/ST/OBC combined) in upcoming local body elections, warning it may halt the polls if breached amid ongoing nominations.
Bench questions state's reliance on unverified Banthia Commission report for fresh OBC quotas, insisting polls must follow pre-report status quo until full hearing.
Matter listed for Nov 19; court issues notice on pleas alleging up to 70% reservations in some bodies, reiterating "triple test" from 2021 ruling for valid OBC quotas.
The Supreme Court on Monday issued a stern warning to the Maharashtra government against breaching the 50% reservation cap in the upcoming local body elections, explicitly stating it would stay the polls if the quota limits are exceeded, even as nominations have begun in several areas.
A bench comprising Justices Surya Kant and Joymalya Bagchi, hearing petitions challenging the state's revised OBC reservation matrix, made it clear that the total reservations for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) cannot surpass the constitutional ceiling. "If the plea is that nominations have started and the court should stay its hand, then we will stay the elections. Don't test the powers of this court," the bench remarked, underscoring that its earlier directions were never meant to allow exceeding the 50% limit set by a Constitution Bench.
The controversy stems from Maharashtra's attempt to implement a new reservation framework based on the 2022 Banthia Commission report, which recommended 27% OBC quota in local bodies. However, the court questioned the report's validity, noting it remains under judicial scrutiny and cannot yet justify fresh quotas. "Our order militates against the earlier Constitution Bench ruling. We can't exceed the 50% cap sitting as a two-judge bench," the judges observed, directing the state to maintain the status quo from before the report's findings.
The elections, scheduled to commence notifications next month with voting by January 31, 2026, cover over 367 local bodies. Petitions, including one by Rahul Ramesh Wagh, alleged that in some areas, combined reservations have ballooned to 70%, violating the "triple test" laid down in the 2021 Vikas Kishanrao Gawali vs State of Maharashtra judgment. This test mandates empirical data collection via a dedicated commission, proportionate quota fixation, and adherence to the 50% ceiling.
