Votes will be cast, victory will also be achieved, but suspense on the chair: SC's decision on Maharashtra

Sometimes democracy also plays a strange game, people vote, the line of victory is drawn on their forehead, but the fate gets stuck in the seal of the court. There will be some leaders in Maharashtra who will raise their hands in celebration but victory will slip from their grasp because the decision is still incomplete with the Supreme Court and is pending with the CJI. The fog that has been hanging over Maharashtra’s local body elections for months has finally been cleared by the order of the Supreme Court. On Friday, the Supreme Court directed the State Election Commission not to notify reservation above 50% in bodies where election notification has not been issued yet. That means the path to elections is open but the conditions have been sealed.

On the contrary, in the Municipal Councils and Nagar Panchayats where more than 50% reservation is already notified, elections will be held but the results will be considered provisional, i.e. dependent on the decision of the writ petition. This sensitive case was heard by the bench of CJI Justice Surya Kant and Justice Joymalya Bagchi. While considering the petitions challenging the OBC reservation, the court made it clear that the 50% reservation limit is not an optional suggestion but a binding constitutional limit.

What happened in the court?

1. Order to stop new notifications to bodies with more than 50% reservation
Where notification is pending, reservation above 50% will not be applicable.
2. Elections in already notified bodies on time
But the results will be affected by the decision of the writ petition.
3. Same rule for two municipal corporations
There also the ultimate result will depend on the next hearing of the court.
4. Refer the case to a larger bench
A three-judge bench will hold further hearing on January 21.

Don’t divide society on caste lines: CJI
During the hearing, the Commission said that reservation can cross 50% in only two municipal corporations in the state. CJI made a deep comment on this and said

Whatever we do, the society should not be divided on caste lines.

Voting on December 2, where and what is the situation?
According to the State Election Commission-
• The election process has started in 246 Municipal Councils and 42 Nagar Panchayats, voting will be held on 2 December.
• Out of these, there are 40 Municipal Councils and 17 Nagar Panchayats, where reservation is above 50%.
• There are 29 city councils, 32 district councils and 346 panchayat committees) where the notification has not been issued yet.
The court orders will now redefine the electoral mathematics of these bodies in a completely new way.

Maharashtra Election Election Supreme Court

How did the controversy related to Maharashtra elections start?
Local body elections in Maharashtra are stuck in OBC reservation controversy since December 2021. The Supreme Court had then said that reservation would be implemented only when the ‘triple-test’ is fulfilled. The report of the Banthia Commission, formed in March 2022, came in July 2022, which provided data. In May 2025, the court directed to hold elections within the 50% limit, but last week the court shocked the state government, saying that it had misinterpreted the order. Reservation cannot exceed 50% anywhere.

What next in Maharashtra civic elections?
Now the elections will be held on time on 2nd December, but the victory in the seats where reservation limit is broken will also remain hanging in the balance. It is possible-
Some candidates may lose even after winning.
Keep waiting even after losing something,
And the fate of some seats will be written only in the next hearing of the court.
For now, the Supreme Court has cleared the playing field.