The Maharashtra state cabinet, in a significant move to streamline the electoral process, has approved a crucial amendment aimed at preventing chronic delays in local body elections. The decision, taken at a meeting chaired by Chief Minister Devendra Fadnavis on Wednesday, makes the returning officer's verdict on the acceptance or rejection of nomination papers final and binding for the upcoming Zilla Parishad (ZP) and Panchayat Samiti (PS) elections.
Ending Litigation-Led Delays
The amendment to Section 14(2) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, directly addresses a long-standing problem. Previously, candidates whose nomination forms were rejected could challenge the returning officer's decision by filing appeals in district courts. Officials noted that these appeals often remained pending for extended periods, creating legal uncertainty and making it nearly impossible for the State Election Commission (SEC) to adhere to a fixed election schedule.
This procedural bottleneck has repeatedly disrupted the holding of local body elections across the state. The delays have also complicated the critical symbol-allotment process, a key stage in the election calendar. The SEC had written to the state government multiple times, urging amendments and highlighting how pending court cases were stalling symbol allotment and, consequently, the announcement of elections.
A Lesson from Recent Elections
A senior official from the rural development department explained that a similar crisis during the recent municipal council elections prompted this decisive action. In that instance, appeals pending in district courts led to legal ambiguities and delayed symbol allotment, forcing the postponement of elections in some seats. The cabinet also cleared the promulgation of the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Ordinance, 2025, empowering the state government to frame the governing rules for these elections.
"With the ordinance cleared, rules will be notified within the next two to three days, and such a situation will not arise in the upcoming ZP and PS polls," the official stated. The existing rules for ZP and PS elections were framed in 1966, long before the landmark 73rd Constitutional Amendment of 1992, which governs panchayati raj institutions.
Constitutional Alignment and Past Efforts
The State Election Commission had strongly advocated for these changes to align the state's rules with Articles 243(O) and 243ZG of the Constitution. These articles prohibit judicial interference in panchayat and municipal elections, except through election petitions as provided by law. The SEC's push was renewed after elections in several municipal councils and nagar panchayats were halted due to procedural issues, with officials warning that ZP and PS polls could face similar disruptions.
While the SEC made a similar request back in 2018, the rules were not amended at that time. The recent legal logjams provided the necessary impetus for the state government to act, ensuring that the upcoming elections for these crucial rural local bodies can be conducted in a timely and smooth manner.
