SC seeks info on local bodies in Maharashtra with quota above 50%

The Supreme Court asked Maharashtra for details on local bodies exceeding 50% reservation, stressing compliance for upcoming elections amid a contempt petition.

The Supreme Court on Tuesday sought information on the number of Maharashtra local bodies where total reservation exceeds the 50% benchmark , observing that election to these bodies can be subject to final orders as it asked the state poll panel to ensure all remaining ones comply with the 50% rule.

The court passed the order as it took up a contempt petition against the state government for violating the judgment of the top court laying down the triple test in 2021 (HT)

The court passed the order as it took up a contempt petition against the state government for violating the judgment of the top court laying down the triple test in 2021 by which states are required to carry out a scientific study before rolling out reservation for other backward classes (OBC) in local bodies, followed by determination of the quantum of reservation to be applied in each local body area, and ensure that the total reservation of scheduled castes, scheduled tribes and OBCs does not exceed 50%.

With the court insisting last week that the total reservation in local bodies cannot exceed 50%, the state government on Tuesday submitted that it is holding consultations with the state poll panel. According to the state, on December 2, polls are due for 246 municipal councils and 42 Nagar Panchayats while dates for elections to 32 Zila Parishads, 336 Panchayat Samitis and 29 municipal corporations are yet to be decided.

The bench of Chief Justice of India (CJI) Surya Kant and justice Joymalya Bagchi said, “You first give us a list where there is a breach of 50%.” The state poll panel represented by senior advocate Balbir Singh said that according to the figures available with him for the local bodies where elections are due on December 2, there are 57 where reservation has exceeded 50%. He agreed to submit a comprehensive list across all local bodies by Friday, when the matter will be heard next.

The court said, “These 57 where the reservation is over 50%, will be subject to the outcome of these proceedings. And the other seats must comply with the 50% criterion and the Banthia commission report.”

As part of the triple test, the state set up the Banthia commission which conducted an empirical study and recommended 27% reservation for OBCs in local bodies in 2022. This commission was constituted as part of the triple test laid down by the court in 2021 for the roll-out of OBC quota in local bodies. The commission also recommended lowering the reservation for OBCs in tribal districts where tribals have more reservation (14-24%) so as to adhere to the 50% cap.

At the start of the proceedings, solicitor general Tushar Mehta appearing for Maharashtra said that the state is consulting with the poll panel to gather details as to on how many local bodies will see the 50% cap being breached. “There was a bona fide interpretation of the court’s order given by us. On elections yet to be announced, the EC is here. But where the elections are taking place, we are in the process of gathering details,” SG Mehta said, seeking an adjournment till Friday. His reference was to a May 6 order of the apex court.

HT reported on Tuesday that Mehta, in a written opinion dated June 2 to Dinesh Waghmare, Maharashtra’s State Election Commisioner, said that local elections could be held, maintaining the 27% reservation for OBCs, even in those constituencies where the 50% cap was breached.

The court told Mehta that there was no doubt that the election to the local bodies should be held. “We are aware that besides the contempt plea, there are applications to modify our earlier order (on holding polls). We are providing a workable measure to ensure institutions of grassroots democracy become operational. Despite 50% reservation, people are not getting representation. We will allow elections to be held but will only iron out creases.”

The contempt petition filed by Rahul Ramesh Wagh was argued by senior advocate Vikas Singh who pointed out that the figure of 57 presented by the state poll panel is incorrect as in his estimation there are more than 150 such seats. He further indicated that a three-judge bench of the court had upheld the Banthia commission report. To this, the bench replied that if some “grey area” exists, it will be open to constituting a larger bench as the problem may occur in other states as well.

The May 6 order was followed by another order of September 16 gave a “one-time concession” to the state election commission to complete the local body polls by January 31, 2026 as per the law prevailing in the state prior to the submission of the Banthia commission report in 2022.

The court also heard a set of OBC petitioners represented by senior advocate Indira Jaising who objected to the cap 50% worked out by the Banthia commission, which knocks out OBC communities from areas in the state having significant tribal population.

The court observed, “How can there be a democracy with mass exclusion of OBCs?” To address this concern, the court told the state to be mindful of the presence of OBC communities in each local body area. “When you prepare the list of 57 (where 50% is breached), think about the presence of OBCs in those seats. Think about how to balance them. Tell us if OBCs must get adequate representation or is it happening at the cost of other reserved sections,” the bench said.