A bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi stated that 27 petitions regarding OBC reservation in local bodies will be scheduled for final hearing by a three-judge bench on January 21, 2026.
In May 2025, the bench had ordered the Maharashtra government and the SEC to hold the long-overdue elections within four months and to allocate OBC reservations according to the legal framework that was in place prior to the Banthia Commission report.
Initially, senior advocate Balbir Singh, representing the state election commission (SEC), mentioned that the 50% quota ceiling has only been violated in 40 municipal councils and 17 nagar panchayats.
He noted that there are 246 municipal councils and 42 nagar panchayats where the poll process has commenced, stating, “only 40 municipal councils, out of 246, where reservation exceeds 50%, and similarly, 17 out of 42 nagar panchayats where this ceiling is breached.”
Considering this statement, the bench affirmed that the SEC can continue with the elections, but the outcomes will be subject to the final result of the case.
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The bench also indicated that the state poll panel may move forward with elections for other zila parishads, panchayat samitis, and nagar parishads, where the issue of exceeding the 50% quota does not arise. However, the results from these bodies will also depend on the final judgment in the case, the bench added.
“We are merely establishing a temporary arrangement until the matter is conclusively heard. On January 21, a three-judge bench can take it up. There should be no objections from either party,” the CJI stated.
Previously, the bench criticized the SEC for failing to comply with its order and instructed it to complete local body polls, which have been stalled since 2022, by January 31, 2026, without extensions.
Earlier on November 19, the bench urged the state government to consider postponing the nomination process for local body elections until the issue of granting 27% reservation for the Other Backward Class (OBC) is resolved.
Senior advocate Vikas Singh argued that earlier rulings, including a July 2022 directive from a three-judge bench led by Justice AM Khanwilkar (now retired), which endorsed the Banthia Committee recommendations, had led to confusion.
Solicitor General Tushar Mehta, representing the state government, responded that state authorities operated under a “bona fide interpretation” of the court’s directives.
In December 2021, the Supreme Court had put a stay on the quota, stating that it could only be enacted after fulfilling the triple-test requirement established in prior judgments.
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The triple test involves forming a commission to assess backwardness, determining the specific proportion of reservation based on its findings, and ensuring that the cumulative reservation for SCs, STs, and OBCs does not surpass 50% of the total seats.
The state formed the Jayant Kumar Banthia Commission in March 2022 to gather empirical data regarding OBC reservation.
The Commission presented its findings in July 2022.
In May 2025, the bench order for Maharashtra to conduct previously delayed elections within four months, granting OBC reservations based on the prior legal framework, was reiterated.
A few weeks ago, the bench observed that the order had been misunderstood by authorities as allowing reservations beyond 50% and clarified that such excess was not permissible.
