The Bombay High Court on Thursday stayed the election process for Ward No. 17A of the Navi Mumbai Municipal Corporation after observing prima facie illegality in the rejection of a Bharatiya Janata Party (BJP) candidate’s nomination. The division bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad passed an ad-interim order while hearing a petition filed by BJP candidate Nilesh Chhaburao Bhojane. The court noted that the issue raised serious legal questions and warranted judicial scrutiny, even as municipal elections in Maharashtra are underway after a prolonged delay of nearly nine years.
As per the petition, Bhojane had filed his nomination from the Vashi division on December 30, 2025. During the scrutiny process completed on December 31, a written objection was raised against his candidature, alleging that he had undertaken unauthorised construction. Acting on this objection, the Election Decision Officer invoked Section 10 of the Maharashtra Municipal Corporations Act, 1949, and formally declared Bhojane’s nomination invalid. The rejection effectively disqualified him from contesting the election for Ward No. 17A, prompting the BJP candidate to challenge the decision before the high court.
Before the court, Bhojane argued that the authorities had wrongly applied Section 10(1D) of the Act, which provides for disqualification on the ground of illegal or unauthorised construction. He contended that the provision applies only to sitting councillors and not to candidates contesting municipal elections. The respondents opposed the maintainability of the petition, citing Article 243ZG of the Constitution, which limits judicial interference in electoral matters. They also stressed that courts should avoid disrupting the election schedule, especially when the Supreme Court has directed completion of municipal polls by January 31, 2026.
Rejecting the argument of an absolute constitutional bar, the bench observed that limited judicial intervention is permissible and that staying an election in a single ward cannot be equated with stalling the entire municipal election process. Granting interim relief, the high court stayed the operation of the order rejecting Bhojane’s nomination. It further directed the State Election Commission, the NMMC commissioner, the chief electoral officer and the returning officer not to proceed with the election to Ward No. 17A until further orders. The matter has been listed for final hearing on January 9.