Bombay High Court Stays Navi Mumbai Ward 17A Election
The Bombay High Court has put a temporary stop to the councillor election for Ward 17A of the Navi Mumbai Municipal Corporation (NMMC) after a BJP candidate’s nomination was rejected over alleged illegal construction at his residence. The HC’s decision came after the candidate, Nilesh Chhaburao Bhojane, challenged the Returning Officer’s (RO) move, claiming it was illegal and arbitrary.
Election Stalled Over Alleged Illegal Construction
Bhojane had filed his nomination on December 30, 2025, to contest from Ward 17A. However, the next day, during scrutiny, the Returning Officer rejected it after receiving a complaint regarding alleged illegal construction at Bhojane’s residence in Vashi.
The High Court division bench, led by Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, stayed the election and directed the State Election Commission and NMMC not to proceed with the vote until the matter is heard further, scheduled for Friday.
Candidate’s Argument: Rejection Was Not Valid
Bhojane’s legal team argued that the disqualification under Section 10(1D) of the Maharashtra Municipal Corporations Act, 1949, applies to a sitting councillor, not a candidate. Therefore, rejecting his nomination on this basis was illegal.
The judges agreed, clarifying that intervening in a single ward’s election is not the same as stalling the entire election process. They emphasized that writ petitions could be entertained if there is prima facie evidence of arbitrary action by election authorities.
Background of Bhojane’s Property
Bhojane explained that the plot in question was originally allotted to his father, Chhaburao Bhojane, by CIDCO over 40 years ago. Over time:
- The structure became old and dilapidated.
- His father obtained a No Objection Certificate (NOC) from CIDCO in 2012 and NMCC in 2013 and carried out reconstruction and minor additions.
- In 2015, the property was gifted to Nilesh Bhojane through a registered deed, approved by CIDCO later that year.
Bhojane emphasized that no structural changes were made by him after the gift.
Allegations of Unauthorized Use
Despite having the necessary permissions, Bhojane faced a notice from NMCC in February 2025, alleging unauthorized commercial use at his residence. He clarified that:
- His father, a lawyer, practiced law from the residence, which is allowed under the Unified Development Control and Promotion Regulations (UDCPR) for Maharashtra.
- He had submitted all documents proving compliance with construction rules.
Later, in June 2025, authorities informed the Returning Officer that Bhojane had all supporting documents, but no final order had been issued regarding the complaint.
Legal Proceedings and Court Decision
Following a complaint by one Kishor Patkar, alleging illegal construction, Bhojane’s nomination was canceled. Bhojane’s lawyers, including senior counsel Navroz Seervai, argued:
- He has never been a councillor before, making the disqualification rules for sitting councillors inapplicable.
- All documents proving the legality of his property had already been submitted.
The High Court accepted this argument and stayed the election until a detailed hearing could take place.
What This Means for Ward 17A
The stay means the NMMC cannot conduct elections for Ward 17A until the court resolves the issue. This pause affects political plans in the ward, as multiple parties, including the BJP, prepare for the local body elections.
Election watchers say the ruling is a reminder of how procedural lapses or misinterpretations can impact local elections, even when candidates are fully eligible.
The Bombay High Court’s intervention in Ward 17A of Navi Mumbai highlights the importance of due process in elections. Candidates and election officials must ensure that rules are applied correctly, and voters must wait until the court decides the matter before the election proceeds.
For now, the focus remains on Nilesh Bhojane’s eligibility, and the case will set a precedent for future disputes over candidate nominations in municipal elections.
