The Supreme Court on Thursday, October 29, said elections to Maharashtra's remaining local bodies may also be conducted under the interim arrangement the court had made earlier, asking why the democratic process should be stalled, LiveLaw reported from the hearing.

Senior Advocate Indira Jaising told the court that, under its earlier order, elections have been held in 12 Zilla Parishads, and what remains is 20 Zilla Parishads and 211 Panchayat Samitis. She asked that the election process for the left-out bodies be completed under the court's existing orders, as conducted by the State Election Commission, with the 50 per cent reservation ceiling remaining subject to the outcome of the case.

Source: LiveLaw

Chief Justice of India Surya Kant responded that the court has already passed an order that, as an interim arrangement, the elections are to be conducted. "Left out elections may also be held. They will be subject to final determination," the Chief Justice said, according to LiveLaw's live reporting of the hearing. The court was adjourning the matter for a final hearing on the underlying question of what percentage of seats may be reserved for Other Backward Classes (OBCs).

A poll process held up since 2021

Maharashtra's local body elections have been stalled for years over OBC reservation. In December 2021 the Supreme Court stayed OBC reservation in local bodies until the 'triple test' was satisfied, and the state government then set up the Jayant Kumar Banthia Commission, which reported in July 2022. Under the court's interim arrangement, elections may proceed but results in bodies where total reservation exceeds the 50 per cent ceiling remain subject to the court's final decision, the Supreme Court Observer's account of the earlier order records.

Source: Supreme Court Observer

Thursday's clarification means the State Election Commission can move ahead with the left-out Zilla Parishad and Panchayat Samiti elections under the same interim terms, instead of waiting for the final verdict in the OBC reservation case. The results of those polls will remain subject to the court's final determination.

Sources: LiveLaw (live reporting of the October 29 hearing), Supreme Court Observer (account of the court's earlier interim order on Maharashtra local body polls).