In a significant development impacting local body polls in Maharashtra, the Bombay High Court on Thursday, January 8, 2026, ordered an immediate stay on the election to ward number 17-A of the Navi Mumbai Municipal Corporation (NMMC) located in Vashi. The court granted interim relief to Bharatiya Janata Party (BJP) candidate Nilesh Chhaburao Bhojane, whose nomination form was controversially rejected by the Election Returning Officer (RO).
Court Observes "Illegal and Arbitrary" Action by Returning Officer
A bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad passed the order after hearing Bhojane's plea, which challenged the RO's December 31 order that rejected his candidature. The rejection was based on a complaint filed by Shiv Sena district chief Kishor Patkar, who alleged that Bhojane had carried out an unauthorised construction.
The High Court, in its observations, stated a crucial legal point: there is no absolute bar for the judiciary to entertain a writ petition in matters that demonstrate an "illegal and arbitrary exercise of powers" by an Election Returning Officer. This prima facie opinion formed the bedrock of the court's decision to intervene.
Legal Battle Over Nomination and Disqualification Clause
Senior advocate Navroz Seervai, representing petitioner Bhojane, argued vehemently that the RO's order was ex-facie (on the face of it) illegal. The core of his argument hinged on the interpretation of Section 10(1D) of the Maharashtra Municipal Corporations Act, 1949. This section pertains to disqualification for councillors involved with illegal or unauthorised structures.
Seervai contended that this disqualification clause applies only to a sitting councillor and cannot be invoked against a candidate who is merely seeking to contest the election for the post. The court noted this argument regarding the "non-applicability" of the section and found it persuasive enough to grant the ad-interim relief.
Opposing the plea, senior advocate Anil Y. Sakhare, representing complainant Kishor Patkar, cited past judgments to argue that a petition challenging the acceptance or rejection of a nomination paper is not maintainable. He also urged the court not to impede the municipal election process, which was being notified after nine years. Lawyers for the State Election Commission (SEC) and the Returning Officer echoed this opposition.
Interim Order and Future Proceedings
In its final order, the High Court directed that the effect of the Returning Officer's December 31 order be stayed and the election to the councillor's seat for Ward No. 17A be halted until the final disposal of the writ petition. The court explicitly instructed the SEC, NMMC Commissioner, Chief Electoral Officer, and the RO not to proceed further with the election for this specific ward.
The court also referenced Supreme Court verdicts, distinguishing between impeding the entire election process and interfering in a specific constituency or ward. It clarified that its intervention fell into the latter category.
In a related development, the court was informed that Avinash Lad of the Eknath Shinde-led Shiv Sena had withdrawn his candidature for the concerned ward. Furthermore, advocate Sachindra B. Shetye for the SEC stated that petitioner Bhojane could not be included in the list of validly nominated candidates and would thus be ineligible to contest. The HC has sought an affidavit from the SEC on this statement and posted the next hearing for January 9, 2026.
