The Supreme Court on Friday clarified that elections to over 280 municipal councils and Nagar Panchayats in Maharashtra will proceed as scheduled on December 2, 2025, but the results for 57 seats—where the combined reservation for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC) exceeds 50%—will be subject to the court’s final orders.

The court also restrained the Maharashtra State Election Commission (MSEC) from conducting polls in Panchayat Samiti and Zila Parishad seats where the 50% reservation threshold has been breached, as the exact number of affected seats is not yet determined.

Key Points from the SC Order

• Elections to proceed:
  • 246 municipal councils and 42 Nagar Panchayats can hold polls as per schedule.
  • Results for 40 municipal councils and 17 Nagar Panchayats with reservation exceeding 50% will be subject to court verdict.
• Elections not yet notified:
  • 336 Panchayat Samitis, 32 Zila Parishads, and 29 municipal corporations are pending notification.
  • Only areas where reservation does not exceed 50% can proceed with elections.
  • For municipal corporations, elections are allowed but subject to final court outcome.
• The SC will hear petitions challenging the Banthia Commission report, which recommended 27% OBC reservation in local bodies, with adjustments in tribal districts to maintain the 50% total reservation cap.
• The matter has been listed for January 21, 2026, for detailed consideration by a three-judge bench.

The court emphasized the need to balance legal compliance with operational governance, noting that many local bodies in Maharashtra have remained non-functional for years. Nodal counsels have been appointed to compile necessary documents by January 9, 2026.

The SC reiterated that the 50% reservation cap, as established in the 2010 K. Krishnamurthi case, remains the guiding principle, ensuring neither over- nor under-representation of OBCs in local governance.