Supreme Court clears remaining Maharashtra local body polls with OBC quota, subject to final verdict

The way has been cleared for elections to local self-government bodies in Maharashtra. During a hearing on the issue of OBC reservation on October 29, the Supreme Court ordered that the elections can be held with OBC reservation.

Senior advocate Indira Jaising told the court that elections to 12 zilla parishads have been held as per the court's order, but elections to 20 zilla parishads and 211 panchayat samitis have not yet taken place. The court said the elections that have not been held can be conducted. The decision opens the way for polls to the state's 20 zilla parishads and 211 panchayat samitis.

Details of the court's order have also emerged. The court said the state government had already been directed to give the Election Commission adequate manpower to conduct the elections. According to the court, not issuing notifications for the pending elections cannot be justified. The court said the Election Commission and the state government should do whatever is necessary to hold the elections and inform the court of it. It also said the elections must be held on the conditions it has laid down.

Jaising said the main issue, what percentage of reservation OBCs should get, remains unresolved. She said that since the matter is being taken up for final hearing, the State Election Commission should be allowed to complete the remaining elections by the process followed earlier, instead of stopping them.

She also said these elections could be held in line with the court's existing orders, after which a date for the hearing could be fixed. In her submission, the 50 per cent reservation ceiling and the related issue could be kept subject to the final decision in the case.

During the hearing, Chief Justice Surya Kant asked why the democratic process should be halted. The Solicitor General said some people could raise objections to the process.

The Chief Justice clarified that the court had already ordered elections as an interim arrangement, so the elections still pending can also be held. He said these elections would remain subject to the court's final decision.