In a significant judicial intervention, the Bombay High Court has overturned the rejection of a Bharatiya Janata Party (BJP) candidate's nomination for a civic poll in Navi Mumbai, terming the returning officer's decision as "patently illegal." The court has cleared the path for BJP's Nilesh Chhaburao Bhojane to contest the election for Ward 17-A of the Navi Mumbai Municipal Corporation (NMMC).
Court Slams RO's Decision, Upholds Candidature
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad delivered the ruling on Friday, January 9, 2026. The court set aside the order passed by the Returning Officer (RO) on December 31, 2025, which had invalidated Bhojane's nomination papers. The bench explicitly held his candidature to be "valid" and directed the RO to include his name in the official list of accepted candidates for the ward.
The controversy stemmed from a complaint filed by Kishor Patkar, the district chief of the Deputy Chief Minister Eknath Shinde-led Shiv Sena. Patkar had alleged that Bhojane was involved in carrying out unauthorised construction. Acting on this complaint, the Returning Officer disqualified Bhojane under Section 10(1D) of the Maharashtra Municipal Corporations Act, 1949.
Legal Battle: A Question of Law and Timing
Challenging this rejection, Bhojane, represented by Senior Advocate Navroz Seervai, approached the High Court. His legal team argued that the RO's order was "ex facie illegal." The core of their argument was that Section 10(1D) of the MMC Act applies specifically to a sitting councillor and cannot be invoked against a mere candidate filing a nomination. This provision deals with disqualification for councillors associated with illegal structures.
The court, in its order, concurred with this interpretation. Referring to consistent past judicial precedents, the bench observed, "A consistent view has been taken that disqualification under section 10 (1D) of the MMC Act shall not apply to a candidate at the stage of his/her filing of nomination paper." This clarification established a crucial legal distinction between eligibility for contesting and disqualification after being elected.
Elections to Proceed, Ballot Papers to be Reprinted
The High Court also vacated the stay it had imposed on the election for Ward 17-A on January 8. The court directed that the polls be held as per the original schedule. However, it ordered the election authorities to make necessary arrangements for reprinting the ballot papers to include Nilesh Bhojane's name.
During the hearing, Senior Advocate Anil Y Sakhare, representing Shiv Sena's Patkar, urged the court to dismiss the plea. He highlighted that Ward 17-A is a four-councillor ward where each voter has four votes. He argued that stalling the election and holding it later would inconvenience voters, forcing them to return on another date.
The State Election Commission (SEC), in its submission, stated that the preparation of Electronic Voting Machines (EVMs) by affixing ballot papers was already in progress and accommodating a new candidate at this stage was challenging. Advocate Tejesh Dande, for the Returning Officer, submitted that if the court vacated the stay, elections could continue with necessary arrangements.
Balancing these concerns, the court allowed the electoral process to move forward while ensuring the petitioner's rightful inclusion. The final order quashed the impugned rejection and mandated Bhojane's participation, ensuring a level playing field in the upcoming civic polls.
