In a significant legal challenge, Maharashtra Navnirman Sena (MNS) leader Avinash Jadhav has approached the Bombay High Court, demanding a court-supervised investigation into the mass withdrawal of candidates that led to ruling Mahayuti alliance candidates winning numerous municipal corporation seats unopposed.
Petition Seeks Stay on Results and Independent Probe
The plea, filed on Monday, January 5, 2026, requests an immediate stay on the declaration of results for over 68 seats where the Mahayuti claimed victory without a contest. Jadhav, a Thane-based leader, has urged the court to ensure these results are not finalized until his petition is fully heard and disposed of.
Central to the petition is the demand for a court-monitored independent inquiry into the circumstances that led to rival candidates pulling out of the fray en masse. The petition alleges that these withdrawals were not voluntary but the result of systemic coercion, threats, or illegal allurements.
SEC Probes and Allegations of Coercion
The State Election Commission (SEC) has already taken cognizance of the serious allegations. According to the plea, the SEC has ordered inquiries into approximately 69 out of the 70 candidates declared elected unopposed across 29 municipal corporations in Maharashtra.
These inquiries follow allegations of coercion, intimidation, and inducements that supposedly caused a large-scale withdrawal of nomination papers just before the January 2 deadline. The petition claims that the local administration was misused to facilitate the uncontested wins of the ruling alliance candidates, a pattern also under SEC scrutiny in Mumbai and Thane.
"Withdrawal of rival candidates was not voluntary but was the result of systemic coercion, threats, or illegal allurements, violating the ‘free and fair’ mandate of Article 243-ZA of the Constitution," the plea stated.
Violations and a Call for Legal Reform
The petition, filed through advocates Asim Sarode and Shriya Awale, further accuses Returning Officers (ROs) of violating SEC directives. The SEC had mandated that results of unopposed elections must not be officially declared until an inquiry into the "coercive withdrawals" is completed. The plea alleges that ROs in various municipal corporation wards declared the results in violation of this order.
Jadhav has also raised a critical constitutional question regarding the NOTA (None of the Above) option. He seeks clarity on the legal outcome if the lone remaining candidate in an unopposed seat faces a situation where a substantial number of voters choose NOTA.
Looking beyond the immediate case, the MNS leader has sought directions for the state government to amend the Maharashtra Municipal Corporations Act, 1949. The proposed amendment would introduce a specific provision for a minimum vote share for candidates elected unopposed, aiming to prevent such scenarios in the future.
"Considering the dubious role of the Election Commission as an institution, it is desirable in the interest of maintaining fairness and justice that High Court monitored inquiry and assessment is completed," the plea argued. Advocate Asim Sarode confirmed that the petition would be mentioned before the court after the completion of scrutiny and numbering procedures.
