The Bombay High Court.
Credit: iStock Photo
Mumbai: The issue of mass withdrawal of nominations in the ongoing elections to municipal corporations in Maharashtra—which led to 68 corporators of the BJP-led MahaYuti being elected unopposed—has reached the Bombay High Court, with the Raj Thackeray-led Maharashtra Navnirman Sena (MNS) preparing for a long-drawn legal battle.
In the multi-cornered contest, as many as 2,869 seats are up for grabs across 29 municipal corporations in the State, including the financial capital, Mumbai.
In these elections, over 68 candidates of the ruling alliance—comprising the BJP (44), the Eknath Shinde-led Shiv Sena (22) and the Ajit Pawar-headed NCP (2) —were elected unopposed following mass withdrawals of rival candidates across Maharashtra.
MNS leader Avinash Jadhav, who heads the party’s units in the twin districts of Thane and Palghar, has filed a writ petition in the Bombay High Court through advocates Asim Sarode and Shriya Awale.
In his petition, Jadhav contended that the withdrawals were not voluntary but the result of “systemic coercion, threats and illegal allurements,” amounting to a violation of the free and fair electoral mandate under Article 243ZA of the Constitution of India.
While the State Election Commission has announced a probe, the petitioner has demanded that the inquiry be conducted in a time-bound manner under the supervision of the High Court.
Jadhav has also sought directions to the Maharashtra government to enact legislation amending the Maharashtra Municipal Corporations Act, 1949, to introduce a provision mandating a minimum vote share for candidates elected unopposed.
He further urged that official notification of results in constituencies where candidates have been elected unopposed should be issued only after completion of the inquiry.
Alleging that the local administration was used to facilitate uncontested victories of ruling alliance candidates, Jadhav cited instances from Mumbai and Thane.
Speaking to reporters, he claimed that the administrative and police machinery had been misused.
In the petition, advocate Sarode pointed out that the Supreme Court has recently suggested minimum vote requirements for candidates elected unopposed. “Considering the fact that the Supreme Court has directed the Government of India to formulate regulations mandating a minimum vote share for candidates elected unopposed, the Bombay High Court is empowered to direct the Maharashtra government to enact appropriate legislation and amend the Maharashtra Municipal Corporations Act to include such a provision,” the petition stated.
The petition further pointed to growing unrest and dissatisfaction among the people of Maharashtra, noting that “many socially conscious voters are keen to approach the High Court on the same issue.”