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Bombay HC Throws Out PIL on BMC ‘Mass Rejection,’ Reinstates BJP Nominee for Navi Mumbai Ward 17A

The court signaled it will correct specific illegal rejections rather than halt the election schedule.

Overview

  • A bench led by Chief Justice Shree Chandrashekhar dismissed a PIL alleging citywide, orchestrated rejection of BMC nominations, citing lack of locus standi and maintainability.
  • In a separate order, the court quashed as “patently illegal” the returning officer’s rejection of BJP candidate Nilesh Chhaburao Bhojane’s nomination for NMMC Ward 17A.
  • The court held that Section 10(1D) of the Maharashtra Municipal Corporations Act on disqualification for unauthorised construction applies to sitting councillors, not candidates at nomination stage.
  • The stay on Ward 17A was vacated and the poll will proceed as scheduled, with directions to include Bhojane’s name and make necessary ballot or EVM adjustments.
  • Other individual challenges fared poorly in lower courts, with an AIMIM candidate’s plea rejected for lack of jurisdiction to intervene before completion of the election process.