The long-awaited elections for the Brihanmumbai Municipal Corporation (BMC) may finally have a date, following the May 6 court order directing the Election Commission to issue a poll notification. Once that happens, elections must be held within four months, likely in the first or second week of October, after the monsoon season ends in Maharashtra.
But for almost five years, people across the city have been living without elected civic bodies such as municipal corporations, municipalities, and nagar panchayats. Since 2022, most of their tenure has ended but are now being run by government-appointed administrators. So, why the long delay in holding fresh BMC elections?
Key Reason Behind the Delay
The local body elections have been delayed for over five years due to several legal issues. These include disputes over the OBC quota, the state government’s move to take control of ward delimitation from the State Election Commission (SEC), and the earlier MVA government’s decision to increase the number of wards.
In March 2021, while hearing one such case, the Supreme Court told the SEC that no OBC quota could be given in local polls unless a “triple test” was done using proper data. Because of this, elections in five district councils were held without any OBC reservation. Later, the Banthia Commission completed the triple test and submitted its report in July 2022. Based on that, the commission recommended giving OBC reservation based on population, with a cap of 27% — unlike the earlier flat 27% quota that had been used since 1994.
Although the Banthia Commission’s report cleared the way for elections, several other petitions challenging different government decisions were still pending in court. In August 2022, the Supreme Court ordered a status quo, pausing any further changes until those cases were resolved.
Interestingly, the Supreme Court’s recent order appears to go against its own 2021 decision. Back then, it had said that elections with an OBC quota could only happen after collecting detailed data. But now, the new order suggests holding elections without using the Banthia Commission’s data. “This contradicts the earlier stand,” said an official from the Urban Development Department.