{"id":4297,"date":"2026-01-09T06:08:34","date_gmt":"2026-01-09T06:08:34","guid":{"rendered":"https:\/\/thebombaydurpun.com\/?p=4297"},"modified":"2026-01-09T06:08:36","modified_gmt":"2026-01-09T06:08:36","slug":"navi-mumbai-election-halted-bombay-high-court-stays-17a-ward-poll-over-bjp-candidate-nomination-row","status":"publish","type":"post","link":"https:\/\/thebombaydurpun.com\/?p=4297","title":{"rendered":"Navi Mumbai Election Halted: Bombay High Court Stays 17A Ward Poll Over BJP Candidate Nomination Row"},"content":{"rendered":"\n<h2 class=\"wp-block-heading\">Bombay High Court Stays Navi Mumbai Ward 17A Election<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The <strong>Bombay High Court<\/strong> has put a temporary stop to the councillor election for <strong>Ward 17A<\/strong> of the Navi Mumbai Municipal Corporation (NMMC) after a BJP candidate\u2019s nomination was rejected over alleged illegal construction at his residence. The HC\u2019s decision came after the candidate, <strong>Nilesh Chhaburao Bhojane<\/strong>, challenged the Returning Officer\u2019s (RO) move, claiming it was <strong>illegal and arbitrary<\/strong>.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<h2 class=\"wp-block-heading\">Election Stalled Over Alleged Illegal Construction<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Bhojane had filed his <strong>nomination on December 30, 2025<\/strong>, 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\u2019s residence in <strong>Vashi<\/strong>.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The <strong>High Court division bench<\/strong>, led by Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, stayed the election and directed the <strong>State Election Commission and NMMC<\/strong> not to proceed with the vote until the matter is heard further, scheduled for Friday.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<h2 class=\"wp-block-heading\">Candidate\u2019s Argument: Rejection Was Not Valid<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Bhojane\u2019s legal team argued that the disqualification under <strong>Section 10(1D) of the Maharashtra Municipal Corporations Act, 1949<\/strong>, applies to a sitting councillor, not a candidate. Therefore, rejecting his nomination on this basis was <strong>illegal<\/strong>.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The judges agreed, clarifying that intervening in a single ward\u2019s election is <strong>not the same as stalling the entire election process<\/strong>. They emphasized that writ petitions could be entertained if there is <strong>prima facie evidence of arbitrary action<\/strong> by election authorities.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<h2 class=\"wp-block-heading\">Background of Bhojane\u2019s Property<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Bhojane explained that the plot in question was originally allotted to his father, <strong>Chhaburao Bhojane<\/strong>, by CIDCO over 40 years ago. Over time:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>The structure became old and dilapidated.<\/li>\n\n\n\n<li>His father obtained a <strong>No Objection Certificate (NOC)<\/strong> from CIDCO in 2012 and NMCC in 2013 and carried out reconstruction and minor additions.<\/li>\n\n\n\n<li>In 2015, the property was <strong>gifted to Nilesh Bhojane<\/strong> through a registered deed, approved by CIDCO later that year.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">Bhojane emphasized that <strong>no structural changes were made by him<\/strong> after the gift.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<h2 class=\"wp-block-heading\">Allegations of Unauthorized Use<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Despite having the necessary permissions, Bhojane faced a notice from <strong>NMCC in February 2025<\/strong>, alleging <strong>unauthorized commercial use<\/strong> at his residence. He clarified that:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>His father, a lawyer, practiced law from the residence, which is allowed under the <strong>Unified Development Control and Promotion Regulations (UDCPR)<\/strong> for Maharashtra.<\/li>\n\n\n\n<li>He had submitted all documents proving compliance with construction rules.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">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.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<h2 class=\"wp-block-heading\">Legal Proceedings and Court Decision<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Following a complaint by one <strong>Kishor Patkar<\/strong>, alleging illegal construction, Bhojane\u2019s nomination was canceled. Bhojane\u2019s lawyers, including <strong>senior counsel Navroz Seervai<\/strong>, argued:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>He has <strong>never been a councillor before<\/strong>, making the disqualification rules for sitting councillors inapplicable.<\/li>\n\n\n\n<li>All documents proving the legality of his property had already been submitted.<\/li>\n<\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">The High Court accepted this argument and stayed the election until a detailed hearing could take place.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<h2 class=\"wp-block-heading\">What This Means for Ward 17A<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">The stay means the <strong>NMMC cannot conduct elections for Ward 17A<\/strong> 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.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Election watchers say the ruling is a <strong>reminder of how procedural lapses or misinterpretations<\/strong> can impact local elections, even when candidates are fully eligible.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-alpha-channel-opacity\"\/>\n\n\n\n<p class=\"wp-block-paragraph\">The Bombay High Court\u2019s intervention in <strong>Ward 17A of Navi Mumbai<\/strong> highlights the importance of <strong>due process in elections<\/strong>. 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.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">For now, the focus remains on <strong>Nilesh Bhojane\u2019s eligibility<\/strong>, and the case will set a precedent for future disputes over candidate nominations in municipal elections.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>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\u2019s nomination was rejected over alleged illegal construction at his residence. The HC\u2019s decision came after the candidate, Nilesh Chhaburao [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":4298,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[30],"tags":[2175,2177,2173,2176,2174],"class_list":["post-4297","post","type-post","status-publish","format-standard","has-post-thumbnail","category-news","tag-bjp-candidate-nomination","tag-bombay-high-court-election-ruling","tag-navi-mumbai-nmmc-elections","tag-nilesh-bhojane","tag-ward-17a-election-stay"],"_links":{"self":[{"href":"https:\/\/thebombaydurpun.com\/index.php?rest_route=\/wp\/v2\/posts\/4297","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thebombaydurpun.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thebombaydurpun.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thebombaydurpun.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thebombaydurpun.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4297"}],"version-history":[{"count":1,"href":"https:\/\/thebombaydurpun.com\/index.php?rest_route=\/wp\/v2\/posts\/4297\/revisions"}],"predecessor-version":[{"id":4299,"href":"https:\/\/thebombaydurpun.com\/index.php?rest_route=\/wp\/v2\/posts\/4297\/revisions\/4299"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/thebombaydurpun.com\/index.php?rest_route=\/wp\/v2\/media\/4298"}],"wp:attachment":[{"href":"https:\/\/thebombaydurpun.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4297"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thebombaydurpun.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4297"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thebombaydurpun.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4297"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}