“Don’t test our strength” – SC slams brakes on nomination process; issues stern ultimatum to stay within 50% cap
Published on: November 20, 2025
By: BTNI
Location: New Delhi, India
In a dramatic and unprecedented intervention, the Supreme Court on Thursday issued a stinging warning to the Maharashtra government, virtually threatening to halt the entire local body election process if the state dares to cross the 50% reservation ceiling in panchayat and municipal polls.
A special bench comprising Justice B.R. Gavai and Justice K.V. Viswanathan pulled up the Eknath Shinde government while hearing a clutch of petitions challenging excessive reservations in several districts. The court minced no words: “Reservation in local bodies cannot exceed the 50% limit under any circumstances. Don’t try to test the strength of this Court – if you do, we will stay the entire election.
”Taking the warning aily seriously, the bench immediately stayed the ongoing filing of nominations across the state until further orders. The next hearing has been fixed for November 27, effectively freezing the election calendar.The trigger was Maharashtra’s attempt to provide combined reservation for OBCs, SCs, and STs that allegedly crossed the constitutional 50% ceiling laid down in the landmark Indra Sawhney (1992) and subsequent judgments. Petitioners argued that in several zila parishads and municipal councils, the total reserved seats had ballooned to 60–70%, rendering general category candidates virtually ineligible.
Senior Advocate P.S. Patwalia, appearing for the petitioners, told the court that the state was “brazenly violating” repeated SC directives. The bench responded with visible anger: “We have said this a hundred times – 50% is the Lakshman Rekha. If the state still wants to play with fire, we are fully empowered to stop the elections altogether.
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”The court also questioned the hurried issuance of the election notification despite pending litigations on the quantum of OBC reservation after the cancellation of the 27% quota following the 2021 Supreme Court ruling.Advocate General for Maharashtra sought time to file a detailed reply, but the bench retorted: “Time is over. You cannot keep pushing the limit and then ask for adjournments.
”Political circles in Mumbai are stunned. With local body polls already delayed for years, the SC’s threat of complete cancellation has sent the ruling Mahayuti alliance into damage-control mode. Opposition leaders termed it a “massive embarrassment” for the government.
As Maharashtra stares at a possible electoral freeze, one message from the country’s highest court rings loud and clear: the 50% reservation cap is non-negotiable – cross it at your own peril.
