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CDJ 2025 SC 1853 print Preview print print
Court : Supreme Court of India
Case No : Petition(s) for Special Leave to Appeal (C) No(s). 19756 of 2021
Judges: THE HONOURABLE CHIEF JUSTICE MR. SURYA KANT & THE HONOURABLE MR. JUSTICE JOYMALYA BAGCHI
Parties : Rahul Ramesh Wagh Versus State of Maharashtra & Others
Appearing Advocates : For the Petitioner: ------- For the Respondents: -------
Date of Judgment : 28-11-2025
Head Note :-
Subject
Judgment :-

1. We have briefly heard learned Senior Counsel/Counsel for the parties regarding the issues that arise in these matters concerning the local-bodies elections in the State of Maharashtra.

2. In deference to the directions issued on the previous date, Mr. Balbir Singh, learned Senior Counsel representing the State Election Commission, Maharashtra has submitted a brief note for our consideration.

3. It emerges therefrom that there are a total of 246 Municipal Councils and 42 Nagar Panchayats where the election process has already commenced; nominations have been filed and the voting is set to take place on 02.12.2025.

4. It is further pointed out that there are only 40 Municipal Councils out of the total 246 where the reservation is exceeding 50%. Similarly, there are 17 out of 42 Nagar Panchayats where the reservation beyond 50% has exceeded.

5. He also explains that there are in total 29 Municipal Corporations, 32 Zila Parishads and 336 Panchayat Samitis where the election process has not commenced.

6. Taking into consideration the issues that are likely to arise for consideration, these matters are ordered to be listed before a three-Judge Bench, initially on 21.01.2026.

7. Meanwhile, the elections of Municipal Councils and Nagar Panchayats may take place as per the notified schedule. However, it is clarified that the result of the 40 Municipal Councils and 17 Nagar Panchayats where the reservation breaches the 50% limit, shall be subject to the final outcome of these proceedings.

8. As far as the Municipal Corporations are concerned, we are informed that only two Municipal Corporations will have reservations exceeding 50%. That being the case, we direct that the elections of the Municipal Corporations be also notified without any delay and the same shall be conducted at the earliest. The outcome of those two municipal corporations where the reservation exceeds 50% shall necessarily be subject to the outcome of these proceedings.

9. Lastly, in respect of the 32 Zila Parishads and 336 Panchayat Samitis, it is directed that wherever the reservation does not exceed the 50% mark, let the elections be held in accordance with our previous orders.

10. For the purpose of completion and circulation of pleadings, apart from submission of the proposed questions of law that would fall for our consideration, both sides have nominated Mr. Amol B. Karande, learned AOR and Mr. Siddharth Dharmadhikari, learned counsel as nodal Counsel(s). They shall do the needful, and complete the pleadings before 09.01.2026.

 
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