In a significant intervention during the ongoing civic body elections in Maharashtra, the Bombay High Court on Friday overturned a Returning Officer's decision and reinstated the candidature of a BJP nominee for the Navi Mumbai Municipal Corporation (NMMC). The court held the RO's order rejecting the nomination as invalid, marking the first such judicial order in the current round of local polls.
Court Slams Misuse of Disqualification Clause
The bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad directed the State Election Commission (SEC) and the NMMC electoral officer to include the name of BJP candidate Nikesh Bhojane in the accepted candidates' list for Ward 17A. The 47-year-old lawyer's nomination was rejected on December 31, 2025, based on a civic notice he received earlier in the year.
The High Court observed that the Returning Officer had wrongly invoked a provision meant for disqualifying sitting councillors against Bhojane, who has never held such a position. The provision in question, Section 10(1D) of the Maharashtra Municipal Corporation Act, pertains to disqualification for involvement in illegal construction or obstruction of authorities.
Legal Battle Over Flimsy Grounds
The rejection order cited a notice issued to Bhojane on February 24, 2025, asking him to stop an alleged unauthorised commercial use of his house in Navi Mumbai. However, Bhojane's petition, filed through advocate Nivit Srivastava, argued that the notice under the Maharashtra Regional and Town Planning Act did not specify the nature of the alleged unauthorised use. His legal team contended that the rejection was on "flimsy grounds" and "anathema to democracy."
Senior counsel Navroz Seervai, arguing for Bhojane, stated that the rejection was not just illegal but also a slur on democratic principles. He emphasized that using a disqualification clause meant for existing councillors to prevent a new candidate from contesting was a grave error.
Election Commission's Practical Hurdles
The State Election Commission, represented by advocate Irfan Shaikh, had submitted an affidavit highlighting practical challenges. It stated that the last date for withdrawal of candidature was January 2, 2026, and the final list was to be published on January 3, 2026. A deputy election commissioner noted that preparation of Electronic Voting Machines (EVMs) was already in progress, making it technically difficult to add a new candidate.
Opposing the plea, senior counsel Anil Sakhare, representing Shiv Sena (Eknath Shinde) candidate Kishor Patkar—who had filed the initial complaint against Bhojane—warned that a stay on polls for one ward would force the entire electorate to vote on a separate date. He also cited a Supreme Court directive to complete all civic polls in Maharashtra by January 31, 2026.
Court's Firm Stand on Democratic Principles
Granting urgent interim relief to Bhojane on Thursday, the High Court bench stated in its order, "We are of the prima facie opinion that there is no absolute bar to entertain a writ petition in matters like the present one, which prima facie demonstrate illegal and arbitrary exercise of powers by the Election Returning Officer."
The court agreed with the submissions in Bhojane's petition, which argued that a popular candidate was being prevented from contesting on meritless grounds, effectively deciding the election "not by ballots but by illegal action under the guise of law." The matter has been posted for final disposal on January 9, 2026.
This ruling underscores the judiciary's role in safeguarding electoral integrity and ensuring that technicalities are not misused to stifle political competition, especially in high-stakes local body elections.
