Mumbai, Jan 9: The Bombay High Court on Thursday stayed the election process for Ward 17A of the Navi Mumbai Municipal Corporation (NMMC) after a BJP candidate challenged the rejection of his nomination, marking the first judicial stay in the ongoing city corporation polls in Maharashtra.
Granting urgent interim relief to BJP candidate Nilesh Bhojane, the court observed that the case prima facie demonstrated an “illegal and arbitrary exercise of powers” by the Returning Officer (RO).
The bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad posted the matter for final disposal on January 9.
Bhojane had approached the High Court after the RO rejected his nomination on December 31, citing an NMMC notice issued to him on February 24, 2025, alleging unauthorised commercial use of his residence.
The RO held that this rendered Bhojane disqualified under the Maharashtra Municipal Corporations (MMC) Act.
Appearing for Bhojane, senior counsel argued that the provision invoked for disqualification applied only to a sitting councillor and not to a candidate seeking to contest an election.
The notice issued under the Maharashtra Regional and Town Planning Act did not even specify the alleged unauthorised use, the petition contended.
The court noted that there was “no absolute bar under the Constitution” on entertaining a writ petition in cases which prima facie show illegal and arbitrary exercise of power by election authorities.
Terming the rejection of the nomination as being on “flimsy grounds”, the petitioner said it was “anathema to democracy” and prevented a popular candidate from even contesting the election on grounds bereft of merit.
Bhojane, who is also a lawyer, submitted that professional practice by oneself is permissible in a purely residential zone under the Unified Development Control and Promotion Regulations for Maharashtra.
Opposing the plea, counsel appearing for the complainant contended that the petition was not maintainable, while the State Election Commission submitted that Bhojane could not be included in the list of validly nominated candidates.
