SC Pulls Up Maharashtra Over OBC Quota Mix-Up, Pauses Nominations Till Next Hearing

The Bench of Justices Surya Kant and Joymalya Bagchi intervened after submissions indicated that the reservation matrix in several municipalities had exceeded the limit, contrary to previous constitutional mandates.

The Court had earlier extended the timeline for conducting the polls and directed that the elections must be held by January 31, 2026. It had also ordered that the delimitation exercise be completed by October 31, 2025.

When the matter was taken up again, Solicitor General Tushar Mehta informed the Bench that the State’s election process was underway and that nomination filing was set to begin the next day. It clarified that the validity and acceptability of the Banthia Commission report, central to the OBC reservation framework in Maharashtra, would be examined only at the final hearing.

Justice Kant observed that the State has an existing law mandating a 50 percent cap on reservations, and any deviation would need careful judicial scrutiny.

Justice Bagchi underscored that the Court had earlier indicated that the pre-Banthia framework might be revived, but that did not automatically translate into a uniform 27 percent OBC reservation across all municipalities. “If that is so, our direction militates against the earlier order of this Court. This will go against the grain of the other order,” he said, expressing concern about conflicting interpretations.

Senior Advocate Vikas Singh submitted that the reservation threshold had crossed 50 percent in nearly 40 percent of the municipalities. Senior Advocate Narender Hooda added that in some cases, the quota had soared to 70 percent.

The Bench reacted sharply, with Justice Kant remarking, “That can’t be permitted.”

SG Mehta sought time to file a detailed reply, following which the Court issued notice on the interlocutory application. But before rising, the Bench took a decisive step to prevent further complications.

Justice Kant directed that until the next hearing; scheduled for the day after, the nomination process must be deferred. “Meanwhile, you don’t exceed 50 percent reservation. Otherwise, the matter would become infructuous,” he cautioned. He reiterated that the Court’s previous order was being wrongly construed. “We never said 50 percent. Don’t push us to pass an order contrary to the Constitution Bench.”

SG Mehta responded that all aspects could be made subject to the Court’s orders at the upcoming hearing.

The Court will now resume consideration of the matter in two days.

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 Apex 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.