Candidates cannot approach courts on nomination rejection; Returning Officer’s decision to be final

State to issue ordinance amending the 1961 Election Act

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Last month on November 30, the SEC had to postpone elections in at least 22 municipal councils and 154 wards in other 76 councils

Days after municipal council elections had to be postponed due to pending court cases filed by candidates against the rejections from the Returning Officers, the Maharashtra government on Wednesday decided to introduce an amendment for the upcoming Zilla Parishad and Panchayat Samiti polls, whereby RO’s decision will now be considered final.

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In a move to ensure the timely and disciplined conduct of local body polls, the state cabinet on Wednesday approved an amendment to Section 14 (2) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. Under the existing provisions of Section 14 (2), an appeal could be filed in the district court against the decision of a Returning Officer (RO) regarding the acceptance or rejection of nomination papers. However, the State Election Commission had written to the state’s Rural Development Department after observing that numerous appeals remained pending in various district courts for extended periods. These legal delays often disrupted the time-bound schedule required for holding elections.

Last month on November 30, the SEC had to postpone elections in at least 22 municipal councils and 154 wards in other 76 councils due to pending cases. The elections at these places were to be held on December 2 originally, which has now shifted to December 20.

To address these hurdles, the SEC had submitted a proposal to the government to remove the provision for court appeals at the nomination stage. Following this proposal, the cabinet has decided that the decision of the Returning Officer to accept or reject nomination papers will now be considered final. In addition, the state government will now have the authority to frame specific rules regarding the conduct of these elections to ensure transparency and efficiency. The cabinet has officially sanctioned the Maharashtra Zilla Parishads and Panchayat Samitis (Amendment) Ordinance, 2025, to bring these changes into immediate effect.

“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,” said an official from the RDD.

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