Supreme Court allows remaining Maharashtra zilla parishad, panchayat samiti polls on interim basis

The Supreme Court has allowed the pending local self-government elections in Maharashtra to be held on an interim basis. This clears the way for polls to the remaining zilla parishads and panchayat samitis in the state, and comes as news to political parties and aspiring candidates who have been waiting for them.

The court said the question of OBC reservation is still awaiting a final decision, but the election process need not be halted. The pending elections can be held with OBC reservation on an interim basis. The court also laid down an important condition: the results of these elections and the entire process will remain subject to the final decision in the case.

During the hearing, senior advocate Indira Jaising pointed out that, under an earlier order, elections have already been held in 12 zilla parishads. According to her, elections to 20 zilla parishads and 211 panchayat samitis are still pending.

Jaising also said the main issue, what percentage of reservation the OBC community should get, has not yet been decided. Her argument was that if the hearing on this kept getting pushed back, local self-government elections should not remain stalled indefinitely. She urged the State Election Commission to hold the remaining elections in the same manner as those held earlier. She said the elections could be held within the ambit of the existing court orders, after which a date for the final hearing could be fixed. The 50 per cent ceiling on reservation and the questions relating to OBC reservation will remain subject to the final outcome of the case. In other words, permission for the elections has been granted, but the legal dispute over reservation has not been fully resolved.

During the hearing, Chief Justice Surya Kant asked why the democratic process should be stopped. The Solicitor General said some people might object to the process. The Chief Justice then reiterated the court's earlier stand. The court has already directed that elections be held as an interim arrangement. The elections not yet held can therefore be conducted, but their validity and the subsequent process will be subject to the final verdict.

Among the zilla parishads reported as pending, from the Konkan division are Palghar and Thane. From North Maharashtra are Nashik, Dhule, Nandurbar, Jalgaon and Ahilyanagar. From Marathwada are Beed, Jalna, Nanded and Hingoli. From Vidarbha are Amravati, Akola, Washim, Buldhana, Yavatmal, Nagpur, Wardha, Bhandara, Gondia, Gadchiroli and Chandrapur. The list includes 22 zilla parishads in all, and political parties, aspiring candidates and voters in these districts are watching the next steps.

Following the court's order, the State Election Commission is expected to begin the next stage of the pending elections. The dates, schedule and other details will be clear only after an official announcement. As the final decision on OBC reservation is still pending, these elections will be subject to the conditions set by the court. The road has opened, but the further hearings on the reservation issue will be just as important.