Mumbai, Jan 9 The Bombay High Court on Friday set aside a returning officer’s order rejecting a BJP candidate’s nomination for the upcoming Navi Mumbai Municipal Corporation elections and directed inclusion of his name in the list of accepted candidates.
Terming the rejection of Nilesh Bhojane’s nomination in NMMC’s ward 17(A) “illegal”, the court vacated its interim stay on the election there.
It ordered that the election be held as per schedule and necessary arrangements be made to reprint ballot papers to include Bhojane’s name in the list.
Bhojane’s nomination form was rejected by the returning officer under section 10(1D) of the Maharashtra Municipal Corporation Act on the grounds that there was unauthorised construction on his property.
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam had on Thursday granted an interim stay on the upcoming election in ward 17A (Vashi) and also the returning officer’s order.
The court had said that the returning officer had “prima facie demonstrated illegal and arbitrary exercise of powers” by rejecting Bhojane’s nomination form.
Bhojane had challenged the December 31, 2025, order of the returning officer holding his nomination invalid for the January 15 polls.
As per section 10(1D) of the Maharashtra Municipal Corporation Act, a person shall be disqualified for being a councillor if he or she, or a dependent family member, has constructed any illegal or unauthorised structure.
In his plea, Bhojane said that this section applies to only a sitting councillor and not a candidate.
