Maharashtra will vote for its municipal body elections on December 2. Ahead of the polls, the Maharashtra State Election Commission informed the court that reservation limits have been exceeded in 57 local bodies. Taking serious note of the issue, the Supreme Court on Tuesday warned that it would not hesitate to cancel elections in those municipal bodies where the constitutionally mandated 50% cap on reservation has been breached.
A bench headed by Chief Justice Surya Kant directed the State Election Commission to submit, by Friday, a detailed list of all 57 local bodies along with the specific extent of OBC reservation in each.
Reservation controversy intensifies
Solicitor General Tushar Mehta, along with senior advocates Indira Jaisingh and Shekhar Naphade, informed the court that the reservation percentage appears higher in five districts because these regions have a significantly large tribal population.
The State Election Commission further stated that matters related to voters being registered in incorrect wards in Mumbai will now be decided by the BMC Commissioner, as the authority lies directly with the Commissioner.
Representing the petitioners, senior advocates Vikas Singh and Narendra Hooda claimed that the reservation cap has been exceeded in all 57 municipal bodies. However, senior advocate Balbir Singh, appearing for the State Election Commission, said that election schedules for 32 district councils and 20 municipal corporations have not yet been finalised.
Supreme court issues stern warning
Representing the state government, Solicitor General Mehta said that the government is working to balance the reservation structure and can present a final position within two days.
The bench, however, made it clear that if reservation in any local body exceeds the 50% limit, the elections will be cancelled, as this would violate the Constitution. The court also emphasised that even after the elections are completed, the Supreme Court has the authority to cancel them if the reservation structure is found to be unconstitutional.
