In a significant ruling on Tuesday, September 16, 2025, the Supreme Court unequivocally set January 31, 2026, as the definitive deadline for holding the pending local body elections across Maharashtra. The apex court expressed strong disapproval of the State Election Commission (SEC) for its prolonged inaction and failure to adhere to previous timelines.
A Bench comprising Justices Surya Kant and Joymalya Bagchi underscored that this extension was to be considered a ‘one-time concession,’ and firmly warned against any future requests for deferment.
The court’s order explicitly stated: "Elections of all local bodies, including Zila Parishads, Panchayat Samitis, and municipalities, shall be conducted by January 31, 2026. No further extension shall be granted to the state or the state election commission. Should any additional logistical assistance be required, the SEC must approach this court before October 31, 2025. No such petition will be entertained thereafter."
Additionally, the Bench ordered that the ongoing delimitation exercise must be finalized by October 31, 2025, making it clear that this process could not be used as an excuse to delay the polls.
During the proceedings, the counsel representing the election body informed the court that delimitation had been completed for Zila Parishads and Panchayat Samitis, but was still underway for municipalities. The Commission sought more time, citing issues such as a shortage of electronic voting machines (EVMs), unavailability of school premises during crucial board examinations, and a lack of adequate staff. However, these arguments were not accepted by the court.
Local body elections in Maharashtra have been in limbo since 2022, primarily due to legal disputes concerning reservation policies for Other Backward Classes (OBC). In May, the Supreme Court had issued an interim order, mandating that polls proceed under the OBC quota framework that was in place before the submission of the J.K. Banthia Commission report. This Commission had recommended a 27% OBC reservation in local body elections.
Court Expresses Displeasure Over Non-Compliance
The Bench strongly criticized the SEC for its failure to comply with earlier directives, observing, "We are constrained to observe that the SEC has failed to take prompt action for compliance of this Court’s directions in the prescribed time schedule."
The judges also pointed out that since board examinations are scheduled for March 2026, they cannot serve as a valid reason to postpone elections. To resolve staffing shortages, the court directed the SEC to provide details of required personnel to the State’s Chief Secretary within two weeks. The Chief Secretary was then tasked with coordinating with other departments to ensure staff deployment within four weeks. Regarding the scarcity of EVMs, the SEC was instructed to make the necessary arrangements and submit a compliance affidavit by November 30.
In its interim order from May, the court had emphasized the critical importance of upholding the constitutional mandate for grassroots democracy through regular elections. Justice Surya Kant had questioned Solicitor-General Tushar Mehta, representing Maharashtra, stating, "Today, bureaucrats are occupying all the municipal corporations and panchayats and are making major policy decisions. A complete democratic process has been stalled due to this litigation. Officers have no accountability. Why not allow the elections as per the present data?"
Petitioners have consistently argued that the introduction of OBC reservation in the State lacked proper study and did not adhere to the ‘triple test’ criteria established by the Supreme Court. This test requires the State to appoint a dedicated commission to gather empirical data on the backwardness of OBCs within each local body, propose a proportionate reservation, and ensure that the combined quota for Scheduled Castes, Scheduled Tribes, and OBCs does not exceed 50%.
Following these requirements, the then Maha Vikas Aghadi government had formed a commission, headed by former Chief Secretary Mr. Banthia, to collect the necessary data. After the panel submitted its report in July 2022, the subsequent Eknath Shinde government sought permission from the Supreme Court to conduct local body elections incorporating the OBC quota.