The Bombay High Court on Thursday stayed election to ward number 17-A of Navi Mumbai Municipal Corporation (NMMC) in Vashi and observed that there was no bar to entertain a plea, which showed illegal and arbitrary exercise of powers by the Election Returning Officer (RO).
The HC granted interim relief in plea by BJP candidate Nilesh Chhaburao Bhojane whose nomination form was rejected on complaint by Shiv Sena district chief Kishor Patkar that Bhojane carried out an unauthorised construction.
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad passed an order on plea by Bhojane that sought a stay on effect, execution, implementation and operation of the December 31 order of the RO rejecting his nomination form. Pending hearing and final disposal of the plea, the petitioner also sought direction from the court to stay the election of councillor of ward 17A of the NMMC.
Senior advocate Navroz Seervai for Bhojane claimed the impugned order was ex-facie illegal and the same was liable to be quashed by declaring the petitioner eligible to contest the election for the post of a “councillor”.
Seervai argued that the section 10(1D) of the Maharashtra Municipal Corporations Act, 1949 (disqualification for councillors involved with illegal or unauthorised structures), based on which the form was refused shall apply to sitting councillor and not to a candidate who seeks to contest election for councillor’s post.
Representing Patkar, senior advocate Anil Y Sakhare argued that the petition challenging the acceptance or rejection of nomination paper is not maintainable as per past judgement. Sakhare said that the election for the municipality notified after nine years should not be impeded or stalled in any manner through court’s order.
The lawyers representing State Election Commission (SEC) and the RO also opposed the plea.
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The court was informed that Avinash Lad of Deputy Chief Minister Eknath Shinde-led Shiv Sena had withdrawn his candidature for the ward concerned.
After hearing submissions, the HC noted that the Supreme Court in past verdicts held that interference by court does not impede the process of election.
“Impeding or stalling the process of election, in our opinion, is one thing and interference in a few Constituency or Ward etc. is another thing. Being alive to limitations under Article 226 of the Constitution of India, we are of the prima facie opinion that there is no absolute bar to entertain a writ petition in the matters like the present one which prima facie demonstrate illegal and arbitrary exercise of powers by the Election Returning Officer,” the HC observed.
The HC said considering “non-applicability” of section 10(1D) of the 1949 law, it was “inclined to entertain this writ petition and grant ad-interim order to stay effect of the RO’s order and halt the election pending final disposal of the plea”.
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“The SEC, NMMC Commissioner, the Chief Electoral Officer and the RO shall not proceed further as regards the election on the seat of Councillor for Ward No. 17A of the Navi Mumbai Municipal Corporation,” the HC noted.
Advocate Sachindra B Shetye for the SEC made a statement that petitioner Bhojane cannot be included in the list of validly nominated candidate and he shall not be now able to contest the elections. The HC sought SEC’s affidavit on the same and posted further hearing to January 9.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
