HC directs ECI to explain 11am nomination deadline
The Bombay High Court has ordered the Election Commission to explain the 11 am nomination deadline for Maharashtra elections after a candidate's rejection.
MUMBAI: The Bombay high court on Monday directed the Election Commission of India to file an affidavit clarifying the rationale behind setting 11 am on October 30 as the deadline for submitting nominations for the Maharashtra assembly elections.
A vacation bench of justice Arif S. Doctor and justice Somasekhar Sundaresan issued the direction after hearing a writ petition filed by a candidate from the Vanchit Bahujan Aghadi (VBA), whose nomination was rejected for being submitted after the specific time.
The candiate, Aakifahmed Dafedar, had initially filed his nomination on October 29 but was asked to resubmit it with corrections by 11:45am on October 30. However, when he returned on the designated day, his nomination was rejected on the grounds that it was submitted after 11am - the time set for the commencement of the scrutiny process. This led Dafedar to challenge the Election Commission’s decision, arguing that the strict timing requirement was arbitrary and punitive.
During the hearing, the vacation bench expressed concerns about strict enforcement of such a deadline and questioned whether such rigidity was justified, especially in light of Dafedar’s compliance with the directive to make corrections and resubmit. The court observed that a flexible approach might be more reasonable under the circumstances, as it would prevent disqualification due to minor delays.
Representing the Election Commission, advocate Akshay Shinde argued that the timing was crucial for maintaining the integrity and uniformity of the election process. He asserted that Dafedar’s late submission fell outside the permissible window and noted that similar rejections were enforced across Maharashtra on the same basis. Shinde also raised a procedural objection, suggesting that Dafedar should have pursued an election petition instead of a writ petition.
The court ordered the Election Commission to submit an affidavit by November 5, detailing the reasons for the 11am deadline and addressing the procedural concerns.
The matter has been adjourned to November 5, signaling the court’s intent to scrutinise the Election Commission’s procedural framework and its impact on candidate participation.