Bombay HC defers local poll results to December 21

In a major development, the Bombay High Court has barred the Maharashtra State Election Commission (SEC) from counting of votes and declaration of the results of the polls to the Municipal Councils, Nagar Parishads and Nagar Panchayat elections held in the state on Tuesday (December 2) till December 21.

As notified by the SEC on November 4, the polls to as many as 246 Nagar Parishads and 42 Nagar Panchayats across the state were scheduled to be held on December 2 (Tuesday). However, the polling was held for a majority of the local bodies on Tuesday, while the SEC deferred the polls to some of the local bodies to December 20.

In its ruling on a bunch of petitions challenging the SEC’s move to defer the election of certain municipal councils and nagar panchayats, the Nagpur bench of the Bombay High Court overturned the state poll body’s decision to declare the results in two phases on December 2 and December 21, respectively.

The Nagpur HC bench of Justice Anil S Kilor and Justice Rajnish R Vyas noted that “if the public mood is disclosed by declaring the result on December 3 of the polls to be held on December 2, it may materially affect the result of the polls to be held on December 20”.

“Therefore, we are of the opinion that the decision of the SEC to declare the results in two phases, i.e., on 3/12/2025 of the polls to be held on 2/12/2025 and on 21/12/2025 of the polls to be held on 20/12/2025, is not just and proper and needs to be interfered with for a fair and transparent election,” the HC bench noted.

While postponing the vote counting and declaration of the results of the polls held on Tuesday, the HC bench ruled: “The State Election Commission is hereby directed not to publish the result on 3.12.2025 of polls to be held on 2.12.2025.”

“It is further directed that the same shall be declared along with the results of the elections to be held on 20/12/2025”.

In another directive, the HC bench refrained the media and pollsters from publicising the results of the polls held on December 2.

“We direct that no person shall publish or publicise by means of print or electronic media or in any other manner, any result of an exit poll during the period commencing from the beginning of the hours fixed for poll on 2.12.2025 and shall continue till half an hour after closing of the polls on 20/12/2025,” the HC bench ruled.

“Model Code of Conduct shall continue to apply till declaration of results,” the HC bench said. While adjourning the further hearing of the petitions till December 10, the HC bench directed the SEC to file its response to the various petitions by then.

Multiple petitions from candidates, parties and organisations have challenged the SEC’s decision to count votes and declare the results in a phase-wise manner of the elections completed on Tuesday and the upcoming round on December 20.

Most of the petitioners prayed for a direction that the results of all wards within their respective municipal councils be declared on a single date in a non-bifurcated manner.

They argued that the phase-wise declaration of results could create a two-tier electoral process within the same civic body, confer undue political and psychological advantage upon candidates in the remaining wards who would contest against the backdrop of an already declared council composition.

The petitioners voiced apprehension that the phase-wise declaration of poll results would lead to alliances, inducements, political negotiations and public perception that could be shaped by the already declared results in the wards, thus violating the fundamental principles of a free, fair elections, providing a level playing field to all contestants.