Mumbai: The Bombay High Court on Thursday stayed the election process for Ward No. 17A of the Navi Mumbai Municipal Corporation (NMMC) after observing prima facie illegality in the rejection of a Bharatiya Janata Party (BJP) candidate’s nomination during scrutiny.
Petition Filed by BJP Candidate Challenging Rejection
As per the order copy the division bench of Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad passed an ad-interim order while hearing a petition filed by Nilesh Chhaburao Bhojane, whose nomination from the Vashi division was rejected during the scrutiny process completed on December 31, 2025.
Bhojane had filed his nomination on December 30, 2025. During scrutiny, a written objection was submitted alleging that he had carried out unauthorised construction.
Subsequently, invoking Section 10 of the Maharashtra Municipal Corporations Act, 1949, the Election Decision Officer formally declared Bhojane’s nomination invalid.
Candidate Challenges Application of Disqualification Clause
Challenging the decision, Bhojane approached the high court, contending that the rejection was based on a wrongful application of Section 10(1D) of the Act, which deals with disqualification arising from illegal or unauthorised construction.
It was contended that the provision applies only to sitting councillors and not to candidates contesting elections.
The respondents opposed the maintainability of the petition, citing the constitutional bar under Article 243ZG, which restricts judicial interference in electoral matters.
Senior advocate appearing for the respondents argued that courts should refrain from interfering in the election process, particularly when municipal elections in Maharashtra are being conducted after nearly nine years, in line with the Supreme Court’s direction to complete the process by January 31, 2026.
Bench Says No Absolute Bar on Court Intervention
The bench, however, observed that there is no absolute bar and further noted that interference in a single ward election cannot be equated with stalling the entire municipal election.
Granting interim relief, the high court stayed the operation of the order rejecting Bhojane’s nomination.
Further the state Election Commission, NMMC commissioner, chief electoral officer and returning officer were directed not to proceed with the election to Ward No. 17A.
The matter has been posted for final disposal on January 9.\
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