Pune: PIL Filed In Supreme Court Seeking Immediate Local Body Elections In Maharashtra

The Supreme Court has been approached with a Public Interest Litigation (PIL) by the Akhil Bharatiya Grahak Panchayat, represented by its Pune region president Vijay Sagar, through advocate Satya Muley. The PIL demands urgent directives to the State Election Commission (SEC) to conduct long-overdue Municipal Corporation elections in Maharashtra. The plea also challenges the constitutionality of the 2022 amendment to the Maharashtra Municipal Corporation Act, which transferred the power of ward delimitation from the SEC to the State Government. 

Principal Issue:

Advocate Satya Muley argued that the prolonged delay in conducting local body elections undermines participatory democracy and violates fundamental rights under Articles 14, 21, and 243U of the Constitution. The PIL seeks judicial intervention to restore accountability and ensure effective grassroots governance in Maharashtra.

Constitutional Mandate:  

As per Articles 243U of the Constitution, Municipal Corporation elections must be conducted before the expiration of their five-year term. The 2006 Supreme Court ruling in *Kishansing Tomar v. Municipal Corporation, Ahmedabad* reaffirms the necessity of timely elections to uphold constitutional obligations.

Historical Context and Legal Controversy:

1. 2010 – K. Krishna Murthy Case: The Supreme Court ruled that reservations in local bodies for SC/ST/OBCs must not exceed 50% and must be based on empirical data.  

2. 2021 – Vikas Kishanrao Gawali Case: The Court introduced the “Triple Test” for backward class reservations, requiring (i) a commission for empirical inquiry, (ii) local body-wise reservation specifications, and (iii) reservations capped at 50%.  

3. 2021 – Supreme Court Intervention: The Court barred elections under the proposed OBC reservation framework as Maharashtra failed to meet the Triple Test criteria.  

4. **2022 – Legislative Amendment:** The State amended the Maharashtra Municipal Corporation Act, granting delimitation powers to the government. The amendment is under Supreme Court scrutiny, and elections remain pending.

Persistent Delays: 

By 2025, local body elections in Maharashtra are overdue by over four years. The PIL highlights that the absence of elected representatives has led to administrative inefficiencies, corruption, and public grievances. Advocate Muley emphasized that replacing elected officials with bureaucratic heads violates the democratic mandate under Article 243U.

Reservation and Empirical Data Challenges: 

The Triple Test remains unfulfilled as Maharashtra has not established the required commission for empirical inquiry into OBC reservations. The SEC cannot proceed without these prerequisites. Furthermore, delimitation under the 2022 amendment is inapplicable for overdue elections, which must adhere to the pre-amendment framework.

Civic Impact: 

The absence of elected representatives has left Municipal Corporations in Maharashtra—including Pune, PCMC, Aurangabad, and Nagpur—reeling under crumbling infrastructure, water scarcity, rampant corruption, and arbitrary administrative actions. Vijay Sagar stated, “Residents are stressed due to unresolved civic issues, and administrative heads are acting arbitrarily, imposing taxes unfairly instead of focusing on public welfare.”

Relief Sought: 

The PIL seeks directives for the SEC to immediately notify election schedules based on pre-2022 delimitation norms. Advocate Muley underscored that further delays are unconstitutional, depriving citizens of their right to participate in local governance under Articles 19(1)(a) and 21.

The PIL reflects growing public frustration over administrative inefficiency and underscores the urgency of restoring democratic governance in Maharashtra’s municipalities.