PTI | New Delhi
The Supreme Court on Monday asked the Maharashtra government not to exceed 50% reservations in local body elections scheduled for next month, and warned to stay the polls if the quota limits are breached.
A bench of Justices Surya Kant and Joymalya Bagchi said the local body elections in Maharashtra can only be held as per the situation prevailing prior to the 2022 J K Banthia Commission report, which recommended a 27% quota in Other Backward Classes (OBC) categories. On the request of Solicitor General Tushar Mehta, appearing for Maharashtra, the bench fixed the matter for hearing on November 19 but asked the state government not to exceed the 50% ceiling.
“If the plea is that nomination has begun and the court should stay its hand, then we will stay the elections. Don’t test the powers of this court,” the top court said.
It said, “We never meant to exceed the 50% reservation cap set by the constitution bench. We can’t do so sitting in a two-judge bench. The Banthia Commission report is still sub-judice, and we allowed holding elections as per the situation prevailing earlier.”
The top court also issued a notice on pleas alleging that in some cases, the reservation has reached 70% in local body polls of the state.
Mehta said the last date for filing nominations was Monday, and referred to a May 6 order of the apex court, which paved the way for holding the elections.
Justice Bagchi said, “We were fully conscious of the situation. We indicated that the pre-Banthia situation may prevail. But does it mean 27% across the board? If that is so, our direction militates against the earlier order of this court. What would happen is – this order will go against the grain of the other order.”
Senior advocates Vikas Singh and Narendra Hooda claimed that in more than 40% constituencies, the 50% quota cap was breached, while in some places, it was around 70%.
Justice Kant told Mehta that the matter would become infructuous if the elections were to be held as per the Banthia Commission recommendations.
“We never said it will be over 50% reservation. Don’t push us to pass orders which are contrary to constitution bench orders,” the bench said, as it pointed to the intervenor’s application saying they are right in saying that court orders are being misconstrued.
