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Synopsis

The Supreme Court on Wednesday directed the State Election Commission to notify all local body elections in Maharashtra within two weeks 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.

These Acts mandate the State government to take over the powers of formation of electoral wards.

A bench of Justice AM Khanwilkar, Justice Abhay S Oka and Justice JB Pardiwala objecting to a contention raised by an intervener said, "We want the election to be conducted, it's been 2 years there has been no election and the administrator is running everything. These if and buts should stop. Some time issue of delimitation, some time something else, this should stop."

The bench passed the orders after Senior Advocate Shekhar Naphade informed the bench that the population-wise report on the percentage of other backward class people have been submitted and as per the instructions, the state has accepted the same.

Additionally, the counsel appearing for the State Election Commission submitted that the elections are not being delayed, and will not be delayed.

Whereas, the counsel appearing for the petitioner informed the bench that there are some lacunae in the report and objected to the same. However, the bench said that the report may be challenged before the appropriate forum.

Earlier, the top court had 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.

Additionally, 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 had 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