Maharashtra gets four-month extension from SC to conduct local body elections

The Supreme Court today has granted the Maharashtra State Election Commission time till January 31, 2026 to conduct the local body elections in the State.

A bench of Justices Surya Kant and Joymalya Bagchi has extended the timeline as a one time measure clearly specifying that no further extension shall be given.

In May this year, the Supreme Court of India had directed that Maharashtra local body elections, which had been delayed since 2022 due to a challenge to Other Backward Classes (OBC) reservation, be conducted within four months.

Court had asked the Maharashtra State Election Commission to notify the local body elections within a span of four weeks and to complete the entire election process within four months with the liberty to seek an extension if required. The bench further went on to clarify that that the elections must follow the OBC reservation framework that was in place before the submission of the Banthia Commission report in July 2022.

It is to be noted that the Banthia Commission had recommended up to 27% reservation for OBCs in local bodies. However, its recommendations remain under challenge before the top court. While passing an interim order, the court said that the outcome of the elections will be subject to the outcome of the present.

In August 2022, the Supreme Court had ordered the Maharashtra State Election Commission (SEC) and the Maharashtra Government to maintain the status quo with regard to the election of the local bodies in the state.

The Maharashtra government had approached the top court requesting it to recall its order directing the SEC not to re-notify the poll process to 367 local bodies, where it had already commenced, in order to provide reservations to OBCs.

It is to be noted that the state government had come out with an ordinance providing 27 percent reservation to the Other Backward Classes (OBC) in local body polls.

The top court bench had observed that the SEC “cannot and shall not” renotify elections for the local civic bodies in the state, so as to provide reservation in local bodies. "In case of any breach of this direction and all concerned, the SEC will be personally responsible for action of having contempt", a Justice AM Khanwilkar-led bench had ordered then.

Such direction was passed in a batch of petitions challenging the constitutional validity of the amendment(s) to the Mumbai Municipal Corporation Act, the Maharashtra Municipal Corporations Act, and Maharashtra Municipal Councils, Nagar Panchayats, Industrial Townships Act.

A three-judge bench had passed the orders after it was informed it that the population-wise report on the percentage of other backward class people had been submitted and as per the instructions, the state had accepted the same.

Case Title: Rahul Ramesh Wagh vs The State of Maharashtra & Ors

Hearing Date: September 16, 2025

Bench: Justices Kant and Bagchi