SC paves way for local body elections in Maharashtra
Mumbai: The Supreme Court on Tuesday cleared the path for elections to 687 urban and rural local bodies in Maharashtra, some of which haven't had any elected representatives for over five years and are ruled by state government-appointed administrators due to ongoing litigation over reservation for Other Backward Classes (OBCs) and delimitation exercises. Mumbai, India - Feb. 21, 2017:People cast their vote during the BMC elections at Byculla in Mumbai, India, on Tuesday, February 21, 2017. (Photo by Anshuman Poyrekar/Hindustan Times) (Anshuman Poyrekar/HT PHOTO)
A bench of justices Surya Kant and N Kotiswar Singh asked the state election commission (SEC) to notify the elections in four weeks and hold them within four months, while allowing the SEC to seek more time in appropriate cases.
It also stated that reservation for OBC candidates in the elections will be as it existed before the submission of the JK Banthia Commission report in 2022—a flat 27% quota. The commission had recommended a quota up to 27% for OBCs.
According to SEC officials, the Supreme Court's order has brought clarity on when to hold the polls, although ambiguities remain on the way to conduct them. 'It is for sure that the elections will be conducted in October-November, but questions remain on the process to be followed related to the formation of wards, reservation, etc. It will be clear once the court uploads the order online, and we expect it to be done by late night,' said a senior official from the SEC who requested anonymity as they aren't authorised to speak to the media.
If the Supreme Court says that ward formation will be similar to how it was before 2022, only one month would be required, the officer said. The ward formation and reservation process can be conducted simultaneously. The SEC has to invite suggestions and objections from stakeholders, followed by the publication of the electoral rolls based on the ward formation. This entire process can be completed in three and a half months, the official added.
'We, however, are expecting clarity on whether the OBC quota directives are restricted to 96 local bodies whose elections were stayed or to all bodies. Similarly, it is unclear how many wards are to be considered—the number decided by the Uddhav Thackeray government or the subsequent Eknath Shinde government,' said another SEC official.
It is also unclear whether the Supreme Court's order will apply to the BMC polls, as a petition related to the Mumbai civic body was not part of the bunch of petitions heard by the top court on Tuesday, said the SEC officer. 'The SC has directed the SEC to take a call on the elections to all the local bodies, and it may move the apex court in case of any ambiguity over the elections to the BMC. The SEC can even mention the BMC-related petition in the apex court in the coming weeks and hold the elections,' added the official.
However, chief minister Devendra Fadnavis told HT that the BMC elections will be held along with other corporations. 'I thank the Supreme Court for directing that the elections be held within four months. We will request the State Election Commission to complete the process promptly so that the elections are conducted on time.'
State election commissioner Dinesh Waghmare said, 'We will study the SC judgement to chalk out a plan for ward formation, delimitation and reservation. It is, in a way, easier for us as the OBC reservation prevailing before 2022 has to be followed for ward formation and reservation.'
The SEC is expected to request the court to allow the elections to be held after the monsoon, in October-November, and at least in two phases, officials said.
Mini assembly elections
The elections will be the first major electoral battle between the ruling Mahayuti and opposition parties after the BJP-led alliance's massive victory in last year's assembly elections. Since these elections will be held in urban and rural local bodies across the state, they are being touted as mini assembly elections.
While the opposition MVA coalition did well in the 2024 Lok Sabha elections by winning 31 out of 48 seats in Maharashtra, the Mahayuti turned the tables in the assembly elections held six months later. It won 230 out of 288 seats and returned to power with a thumping majority.
The MVA then alleged foul play by the Mahayuti, which was denied by the latter and the Election Commission of India. Relations between the two sides have turned bitter over the past four months, and the ruling parties have poached from the three MVA parties to damage them further. The outcome of the elections will decide whether the three MVA parties, especially the Sharad Pawar-led NCP (SP) and Uddhav Thackeray-led Shiv Sena (UBT), have a better future.
The most significant election will be the Mumbai civic polls, which could decide the fate of Shiv Sena (UBT). For over three decades, the undivided Shiv Sena controlled the BMC. Following the split in the party in 2022 and its crushing defeat in last year's assembly elections, Thackeray will try hard to win power in the BMC. His bête noire, Shinde, will, however, leave no stone unturned to deny Thackeray a chance to bounce back. The BJP, too, is determined to win power and put its own mayor in Mumbai for the first time.
'The ruling parties still seem comfortable, although there have been issues that were concerning for them, especially the state finances,' said Padmabhushan Deshpande, a Mumbai-based political analyst. 'However, it seems the elections will be a bigger challenge for the opposition parties. Both NCP (SP) and Shiv Sena (UBT) are yet to fully recover from their [assembly election] defeat. The Congress is making some efforts, but it remains to be seen if they succeed. It's barely four months since the assembly elections, and the mood of the people is still not against the ruling alliance. It will be interesting to see how the electoral battle plays out.'
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