New Delhi, Nov. 26 -- The Supreme Court on Tuesday sought information on the number of Maharashtra local bodies where total reservation exceeds the 50% benchmark, observing that election to these bodies can be subject to final orders as it asked the state poll panel to ensure all remaining ones comply with the 50% rule. The court passed the order as it took up a contempt petition against the state government for violating the judgment of the top court laying down the triple test in 2021 by which states are required to carry out a scientific study before rolling out reservation for other backward classes (OBC) in local bodies, followed by determination of the quantum of reservation to be applied in each local body area, and ensure that the total reservation of scheduled castes, scheduled tribes and OBCs does not exceed 50%. With the court insisting last week that the total quota in local bodies cannot exceed 50%, the state government on Tuesday submitted that it is holding consultations with the state poll panel. According to the state, on December 2, polls are due for 246 municipal councils and 42 nagar panchayats while elections to 32 zila parishads, 336 panchayat samitis and 29 municipal corporations are yet to be decided. The bench of Chief Justice of India (CJI) Surya Kant and justice Joymalya Bagchi said, "You first give us a list where there is a breach of 50%." The state poll panel represented by senior advocate Balbir Singh said that according to the figures available with him for the local bodies where elections are due on December 2, there are 57 where reservation has exceeded 50%. He agreed to come out with a comprehensive list across all local bodies by Friday, when the matter will be heard next. The court said, "These 57 where the reservation is over 50%, will be subject to the outcome of these proceedings. And the other seats must comply with the 50% criterion and the Banthia commission report." As part of the triple test, the state had set up the Banthia commission, which conducted an empirical study and recommended 27% reservation for OBCs in local bodies in 2022. This commission was constituted as part of the triple test laid down by the court in 2021 for the roll-out of OBC quota in local bodies. "You take a call by Friday. Meanwhile, with regard to the municipal corporations and panchayat samitis, do not proceed for now. We will take it up on Friday," the bench said. At the start of the proceedings, solicitor general Tushar Mehta, appearing for Maharashtra, said that the state is consulting with the poll panel to gather details as to on how many local bodies this issue of breach of 50% will arise. "There was a bona fide interpretation of the court's order given by us. On elections yet to be announced, the EC is here. But where the elections are taking place, we are in the process of gathering details," SG Mehta said, seeking an adjournment till Friday. The court told Mehta that there was no doubt that the election to the local bodies should be held. "We are aware that besides the contempt plea, there are applications to modify our earlier order (on holding polls)."...