Chhatrapati Sambhajinagar:
Six petitions challenging the State Election Commission’s letter dated 18 November 2025 which stated that the nomination form of an ‘alternative candidate’ of a recognised political party must be declared invalid if it is not signed by five proposers were filed before the Aurangabad Bench of the Bombay High Court on Friday (November 21). The bench comprising Justice Vibha Kankanwadi and Justice Hiten Venegavkar admitted the petitions.
What were the petitions about?
Through a letter dated November 17 2025, the SEC had informed all district collectors and election officers in the state that even if the main candidate of a recognised political party is declared ‘valid’ based on Form A and B, the nomination form of the alternative candidate, if submitted, should be declared valid as an independent candidate.
However, the very next day, on November 18, 2025, after the nomination period had ended, the SEC informed authorities that if the main candidate’s form is declared valid, then the alternative candidate’s nomination should be treated as invalid if it is not signed by five proposers. As a result, in places where the main candidates’ forms were accepted, the ‘alternative candidates’ nominations were rejected. This prompted a challenge to the November 18 directive before the High Court. Some candidates have also filed appeals in the respective district courts against the rejection of their nomination forms.
Arguments by the petitioners
According to Rule 12(4) of the SEC’s order dated May 5 2025, and the clarification issued on November 17, alternative candidates had submitted their forms with only one proposer’s signature. The petitioners argued before the bench that merely because the main candidate’s nomination was declared valid, the alternative candidate cannot be excluded from the election process.
Advocates Mahesh Deshmukh, Rahul Karpe, Shailesh Gangakhedkar, Sandeep Andhale, Sanket Kulkarni, and Vinod Patil appeared for the petitioners, while Adv Shetye represented the SEC.