A court in Mumbai has dismissed a petition filed by a member of the All India Majlis-e-Ittehadul Muslimeen (AIMIM) who was challenging the rejection of his nomination papers for the upcoming Brihanmumbai Municipal Corporation (BMC) elections. The court ruled it did not have the jurisdiction to intervene in the matter before the electoral process concludes.
Court Cites Lack of Jurisdiction
The small causes court delivered its verdict on Friday, January 9, 2026. The plea was filed by Mohammed Anwar Abdullah Shaikh, an AIMIM member who intended to contest from Ward 119 in Vikhroli. His nomination form was rejected on December 31, 2025.
Shaikh's legal challenge was dismissed after the court noted a key procedural limitation. The bench observed that it lacks the jurisdiction to hear a challenge against a returning officer's decision before the elections are fully completed. This legal principle effectively barred the court from granting Shaikh the relief he sought at this stage.
Allegations of Arbitrary Action and Malpractice
In his petition, Shaikh had claimed that the decision to reject his candidacy was arbitrary and violated his fundamental rights. He detailed a series of events that led to the rejection, painting a picture of disorganization and alleged bias at the nomination center.
Shaikh stated that he arrived at the designated center on December 30, 2025, at 11 am. His plea described the center as unorganized and accused the Returning Officer (RO) of exploiting this chaos to "perpetrate deliberate malpractice." According to Shaikh, he was directed to the RO to clarify last-minute queries about pending signatures and details before the final submission of his form.
He alleged that the RO took his documents for a preliminary review and assured him he would get a chance to finalize the form before the deadline. However, Shaikh claimed the RO prematurely accepted the incomplete form and issued him a notice to appear the next day for scrutiny. On December 31, he was not permitted to make the necessary corrections, leading to the rejection of his nomination. Shaikh further alleged partiality, stating that other candidates at the center were allowed to make changes to their forms.
Relief Sought and Implications
Through his plea, Shaikh had sought several specific actions from the court:
- Quashing of the order that rejected his nomination papers.
- Access to CCTV footage from the nomination center to support his claims of malpractice.
- A directive for the election authorities to consider his nomination form as valid and include his name in the final list of candidates for Ward 119.
With the court's dismissal, none of these reliefs will be granted at this time. The ruling underscores the legal boundaries that prevent judicial interference in the ongoing electoral process, leaving the decision of the returning officer intact. The case highlights the challenges candidates can face in navigating nomination procedures and the limited legal recourse available immediately after a rejection.
