Institute of Legal and Management Studies

The Supreme Court on Tuesday (September 16) pulled up the Maharashtra State Election Commission for its failure to adhere with the earlier time schedule set by the Court for the conduct of local body elections in the State.

While extending the timeline as a one-time concession, the Court directed that elections to all local bodies in Maharashtra shall be conducted by Janaury 31, 2026. No further extension shall be granted.

The Court further directed that ending delimitation shall be completed by October 31, 2025. Delimitation exercise shall not be ground to defer elections, the Court stated.

A bench of Justice Surya Kant and Justice Joymalya Bagchi expressed its dissatisfaction with the State Election Commission in complying with the earlier direction issued on May 6, as per which elections had to be concluded within a period of four months.

The counsel for the SEC told the Court today that the delimitation excercise was going on for municipalities, whereas it has been completed for the Zilla Parishads and Panchayat Samitis. The SEC sought time citing reasons such as non-availability of sufficient number of EVMs, non-availability of school premises due to the board exams, delay in requisitioning staff etc.

Expressing dissatisfaction, the bench observed, "We are constrained to observe that SEC has failed to take prompt action for compliance of this Court's directions in prescribed time schedule." Since board exams are scheduled to happen in March 2026, it cannot be a ground to defer the elections, the Court said.

The Court also directed the SEC to submit details of staff required to the Chief Secretary of State within 2 weeks. The Chief Secretary, in consultation with secretaries of other depts, if so required, must provide requisite staff within 4 weeks thereafter. Details of officers to be deployed must be furnished to SEC within 4 weeks

As regards to non-availability of requisite EVMs, the Court directed the SEC to make necessary arrangements and file a compliance affidavit regarding the availability of EVMs by November 30.

On being informed that various petitions have been filed before different benches of the Bombay High Court, raising election-related issues, questioning delimitation, reservation of wards, etc, the Court said that the State/SEC may seek clubbing of all petitions before one bench. The Court requested the Chief Justice of the High Court to "sympathetically consider" such a prayer made by the State/SEC.

In May, the Court had passed an interim order directing holding of the local body elections in Maharashtra, which were stalled since 2022 due to litigation relating to the implementation of reservation for Other Backward Classes (OBCs).

The Court had directed that the elections to the local bodies be held as per the OBC reservation which existed prior to the submission of the Banthia Commission report in July 2022. "The reservation shall be provided to the OBC communities as per the law as it existed in the State of Maharashtra before the 2022 report of the JK Banthia Commission," the Court observed.

In terms of the Court's directions, efforts were to be made to complete the election process within a period of four months. However, the Election Commission was given liberty to seek extension of time if needed. In the order, Justice Kant-led bench observed :

"In our considered opinon, the constitutional mandate of grassroots democracy through periodical elections to local bodies ought to be respected and ensured. Since the elected bodies have a prescribed term, no irreversible loss will be caused to those who want the appropriate amendment to the existing laws for inclusion or exclusion of certain OBC communities. All those issues can be considered in due course of time, but meanwhile we see no reason as to why the elections of local bodies be not held in the State of Maharashtra."

Case Title: RAHUL RAMESH WAGH Versus THE STATE OF MAHARASHTRA AND ORS., SLP(C) No. 19756/2021 (and connected cases)