Maharashtra Amends 1961 Act: No Court Appeals on Nomination Rejection
Maharashtra ends court appeals on poll nomination rejection

In a decisive move to prevent legal delays from derailing the election calendar, the Maharashtra government has approved a key amendment to a decades-old law, barring candidates from approaching courts against the rejection of their nomination papers.

Cabinet Nods to Curb Election Delays

The State Cabinet, in its meeting on Wednesday, gave its approval to amend Section 14 (2) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. This change is specifically targeted for the upcoming Zilla Parishad and Panchayat Samiti elections. The core of the amendment is straightforward: the decision of the Returning Officer (RO) to accept or reject a nomination paper will now be considered final, with no provision for appeal in a District Court.

This significant policy shift comes directly in response to persistent disruptions caused by protracted litigation. The State Election Commission (SEC) had highlighted the issue after observing that numerous appeals against RO decisions remained pending in various district courts for extended periods. These unresolved legal challenges consistently threw a wrench into the tightly scheduled election process.

The Trigger: Postponed Council Polls

The immediate catalyst for this amendment was an event last month. On November 30, the SEC was forced to postpone elections in at least 22 municipal councils and 154 wards across 76 other councils solely due to pending court cases filed by aggrieved candidates. These elections, originally scheduled for December 2, had to be shifted to December 20.

Faced with this administrative hurdle, the SEC formally proposed to the state's Rural Development Department (RDD) that the provision for court appeals at the nomination stage be removed. The Cabinet's decision on Wednesday acts on this proposal.

Ordinance for Immediate Effect

To bring these changes into force without delay, the Cabinet has sanctioned the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Ordinance, 2025. This ordinance mechanism allows the amendment to take immediate effect.

In addition to making the RO's verdict final, the amended law also empowers the State Government to frame specific rules regarding the conduct of these elections. This is intended to enhance transparency and operational efficiency in the electoral process.

An official from the RDD commented on the expected outcome, stating, "This decision is expected to prevent litigation from stalling the election machinery, ensuring that Zilla Parishad and Panchayat Samiti elections proceed without administrative or judicial bottlenecks."

The move underscores the government's priority for the timely and disciplined conduct of local body polls, even if it means curtailing one avenue of legal recourse for candidates at the initial nomination stage.