Supreme Court Reiterates 50% Reservation Cap for Maharashtra Local Body Elections

In a significant development, the Supreme Court of India has reaffirmed that the 50% reservation ceiling cannot be breached in the upcoming local body elections in Maharashtra. The bench comprising Justice Surya Kant and Justice Joymalya Bagchi issued a firm warning to the state government, noting that any attempt to exceed the cap would invite strict judicial action, including the possibility of staying the election process itself.

The issue surfaced after the Maharashtra government proposed reservation percentages based on the 2022 Banthia Commission report, which recommended a 27% quota for Other Backward Classes (OBCs) in local bodies. The Supreme Court, however, clarified that the Banthia report remains under judicial review and cannot be used as a basis to justify breaching the constitutionally mandated 50% limit.

The Court directed the state to conduct elections as per the pre-2022 reservation structure, reiterating that no fresh reservation notifications should be issued that cross the ceiling. The bench emphasized that it would not permit the “testing of judicial limits,” making it clear that compliance with the 50% cap is mandatory.

This ruling is consistent with earlier judgments, where the Supreme Court has held that caste-based reservations must, in general, remain within the 50% limit unless extraordinary circumstances are demonstrated.

The directive is expected to impact upcoming civic polls across Maharashtra, particularly in municipalities and zilla parishads where OBC quotas have been a point of contention.