In a significant development, the district and sessions court in Nashik has granted permission to former BJP corporator Uddhav Nimse to file his nomination papers for the upcoming municipal corporation elections, despite him being in judicial custody on allegations of murder. This decision sets a notable precedent concerning electoral rights and legal restrictions.
Court's Rationale and Legal Grounds
The court's ruling came after Nimse's counsel, Manoj Pingle, presented the case. The court observed that since Nimse is currently an accused and not a convicted individual, the Representation of the People's Act does not contain any provision that restricts him from filing a nomination for the electoral process. This legal interpretation forms the core of the court's decision, highlighting a distinction between accusation and conviction in electoral law.
Pingle explained the court's stance, stating it acknowledged the absence of a legal bar. To facilitate the process, the court has also permitted an alternative arrangement: the jail superintendent can attest the nomination papers. Once attested, these papers can be submitted to the returning officer by Nimse's proposer. This contingency plan is to be activated only if Nimse's bail plea, scheduled for a hearing on Monday, is rejected by the court.
Background of the Murder Case and Arrest
The case stems from a violent incident on August 22. Supporters of Uddhav Nimse and a resident named Sunny Dhotre from the Nandur Naka area were involved in an argument that escalated into a physical attack. Dhotre and his friends were assaulted during this clash. Tragically, Sunny Dhotre succumbed to his grievous injuries a few days after the attack.
Following Dhotre's hospitalization, Nimse evaded arrest for approximately three weeks before eventually surrendering to the authorities. His attempt to secure pre-arrest bail was thwarted when the Bombay High Court rejected his anticipatory bail application. He has since been in judicial custody. It is important to note that the family members of the deceased Sunny Dhotre have strongly objected to Nimse's current bail plea, adding an emotional dimension to the legal proceedings.
Political Profile and Next Steps
Uddhav Nimse is not a new face in Nashik's civic administration. He is a former BJP corporator and has previously held the significant position of standing committee chairman within the Nashik Municipal Corporation. His intention to contest the elections again, despite the serious charges against him, points to a complex intersection of politics and the judiciary.
The immediate next step is the bail hearing on Monday. His lawyer, Manoj Pingle, confirmed that a bail application has been moved specifically to enable Nimse to file his nomination papers in person. The court's decision on bail will determine whether he can campaign personally or must rely on the attested paper route facilitated by the jail authorities. This case continues to unfold, drawing attention to the nuances of electoral eligibility and legal accountability in India.
