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The Supreme Court on Tuesday directed the State Election Commission to defer the non notified Maharashtra local body elections till the next date of hearing i.e. July 19, 2022 in a batch of petitions challenging the constitutional validity of the amendment(s) to Mumbai Municipal Corporation Act, the Maharashtra Municipal Corporations Act and Maharashtra Municipal Councils, Nagar Panchayats, Industrial Townships Act which mandated the State government to take over the powers of formation of electoral wards.

A bench of Justice AM Khanwilkar and Justice JB Pardiwala noted that at the places where the nomination process has not commenced, it can be postponed till next Tuesday (July 19), but at the places where the nominations have already commenced, it stands unalterable.

The bench has adjourned the matter on the request of the counsel appearing for the petitioner that a report has been supplied to them and they require a week to go through it.

Solicitor General Tushar Mehta pointed out that there is an urgency in the matter as the election process at some places has already started or is scheduled to start in a few days. The bench asked the commission to postpone the process at the places where the nomination has not started.

Over the issue of reservation, the bench said that the court will not take a call over the issue in cases of the places where the nomination process has not commenced.

Earlier, on May 4, the bench had directed the Maharashtra State Election Commission to notify the elections for local bodies in two weeks. Court had noted that the issue pertaining to reservation for the Other Backward Classes will be decided by it after the elections take place.

Furthermore, the Court had directed the SEC to file a compliance report in this regard. The court has granted liberty to the SEC to ensure that the election program in respect of local bodies is taken forward without any interruption.

The Maharashtra government in March 2022 passed amendments to the Mumbai Municipal Corporation Act, the Maharashtra Municipal Corporations Act and Maharashtra Municipal Councils, Nagar Panchayats, Industrial Townships Act which allowed the State to take over the powers of formation of electoral wards. The government further canceled the previous process of delimitation and started it afresh, thereby postponing the elections further. 

Case Title: Rahul Ramesh Wagh Vs State of Maharashtra