In a significant judicial intervention, the Bombay High Court has overturned the rejection of a Bharatiya Janata Party (BJP) candidate's nomination for civic polls in Navi Mumbai, terming the returning officer's decision as "patently illegal." The court has cleared the path for BJP's Nilesh Chhaburao Bhojane to contest the election for Ward 17-A of the Navi Mumbai Municipal Corporation (NMMC).
Court Slams RO's Decision, Upholds Candidature
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad delivered the ruling on Friday. The court set aside the December 31, 2025, order of the returning officer (RO) that had invalidated Bhojane's nomination papers. The bench declared his candidature as "valid" and directed the RO to include his name in the official list of candidates permitted to contest from the ward.
The controversy stemmed from a complaint filed by Kishor Patkar, the district chief of the Shiv Sena faction led by Deputy Chief Minister Eknath Shinde. Patkar alleged that Bhojane had carried out unauthorised construction. Based on this complaint, the RO disqualified Bhojane under Section 10(1D) of the Maharashtra Municipal Corporations Act, 1949.
Legal Argument Centered on Applicability of Law
Represented by Senior Advocate Navroz Seervai, Bhojane challenged the RO's order in the High Court. His legal team argued that the RO's decision was "ex facie illegal". The core of their argument was that Section 10(1D) of the MMC Act applies specifically to a sitting councillor and not to a candidate who is merely seeking to contest an election for the post.
The bench agreed with this interpretation. Referring to consistent past judicial precedents of the Bombay High Court, the judges observed, "A consistent view has been taken that disqualification under section 10 (1D) of the MMC Act shall not apply to a candidate at the stage of his/her filing of nomination paper." Consequently, the court quashed the impugned order.
Election Process to Continue as Scheduled
The High Court also vacated the stay it had imposed on the election for Ward 17-A on January 8. The court directed that the polls be held according to the original schedule. It instructed the authorities to make necessary arrangements, including the reprinting of ballot papers, to include Bhojane's name.
During the hearing, Senior Advocate Anil Y Sakhare, representing Shiv Sena leader Patkar, urged the court to dismiss the plea. He highlighted that Ward 17-A is part of a four-councillor ward where every voter has four votes. He argued that stalling and rescheduling the election would inconvenience voters, forcing them to return on a different date.
Advocate Tejesh Dande, appearing for the RO, submitted that if the court vacated the stay, elections could continue with necessary arrangements. The State Election Commission (SEC), in its reply, stated that the preparation of Electronic Voting Machines (EVMs) by affixing ballot papers was already in progress and accommodating a new candidate at that stage was not feasible.
Disregarding these submissions, the bench prioritized the legal principle and the candidate's right to contest. The court's order ensures that the electoral process for NMMC Ward 17-A will move forward without further delay, now with BJP candidate Nilesh Bhojane officially in the fray.
