The Supreme Court on Friday cleared the decks for the conduct of local body polls in Maharashtra, scheduled on December 2, subject to the condition that the election results will depend on the court’s ruling on the constitutional validity of the state’s violation of the 50 per cent ceiling on quota reserved for the seats.

A bench of Justice Surya Kant and Justice Joymalya Bagchi said the ensuing elections would, in any case, be subject to the final judgment to be passed by the top court in the batch of petitions challenging the Banthia Commission report, which had recommended 27 per cent reservation to the members of the OBCs.

The bench said as many as 27 pleas concerning the OBC reservation in local bodies will be taken up for final hearing by a three-judge bench on January 21, 2026.

Earlier on May 6, the apex court had directed the State Election Commission (SEC) to complete within four months elections to local bodies in Maharashtra including gram panchayats and zilla parishads, municipal corporations and councils which should be conducted based on the earlier reservation policy that existed before the 2022 report submitted by the commission headed by Jayant Kumar Banthia, a former chief secretary.

Senior advocate Balbir Singh, appearing for the SEC, on Friday said that the 50 per cent ceiling on quota had been breached only in 40 municipal councils and 17 nagar panchayats. There are a total of 246 municipal councils and 42 nagar panchayats where the poll process has begun.

Taking the statement into consideration, the bench said the SEC can proceed with the election, but the results of those bodies where the quota ceiling is breached will depend on the outcome of the case.

“Lastly, in respect of the 32 zilla parishads and 336 panchayat samitis, it is directed that wherever the reservation does not exceed the 50 per cent mark, let the elections be held in accordance with our previous orders,” the court said.