HC stays election in 17A ward of NMMC over rejection of BJP candidate’s nomination

The Bombay High Court halted the Navi Mumbai councillor election after a BJP candidate's nomination was wrongly rejected over alleged illegal construction.

MUMBAI: The Bombay High Court on Thursday stayed the election for the seat of councillor from 17A ward of the Navi Mumbai Municipal Corporation (NMMC), after the Returning Officer rejected the nominations of a BJP candidate Nilesh Chhaburao Bhojane over allegations of illegal construction at his residence.

HC stays election in 17A ward of NMMC over rejection of BJP candidate’s nomination

Holding that Bhojane’s rejection of Bhojane’s nomination was apparently illegal, a division bench of chief justice Shree Chandrashekhar and justice Gautam Ankhad directed the State Election Commission (SEC) and the NMMC “not to proceed further as regards the election on the seat of Councillor for Ward no. 17A of the NMMC”, and posted the matter for hearing on Friday.

The judges accepted the argument advanced on behalf of Bhojane that the disqualification referred in his case, under section section 10(1D) of the Maharashtra Municipal Corporations Act, 1949, would apply to a “councillor” and not to a candidate and therefore Bhojane’s nomination could not have been rejected on the ground of the alleged illegal construction.

The court clarified that the order was not akin to stall the election process. “Impeding or stalling the process of election is one thing and interference in a few constituencies or wards is another,” the judges said. “Being alive to limitations under the Constitution of India, we are of the opinion that there is no bar to entertain a writ petition like this, which prima facie demonstrates illegal and arbitrary exercise of powers by the Election Returning Officer,” they added.

According to his petition, Bhojane filed his nomination to contest the election from ward no.17A on December 30, 2025. However, he claimed that his nomination was cancelled the next day during the course of scrutiny, after someone complained to the Returning Office regarding alleged illegal construction at Bhojane’s residence in Vashi.

Bhojane claimed that the cancellation was “illegal, invalid, improper”, and sought for quashing the RO’s order. In his plea, filed on January 5, Bhojane stated that the plot was originally allotted to his father, Chhaburao Bhojane, by City Industrial Development Corporation (CIDCO) over 40 years ago. Since the structure was old and dilapidated, his father obtained a No Objection Certificate (NOC) from CIDCO and from NMCC in 2012 and 2013 respectively, and reconstructed the structure and carried out some additional construction.

Bhojane highlighted that his father, through a registered gift deed in 2015, gifted the house and the plot to him, which was later approved by the CIDCO in October 2015. The petition, filed through advocates senior counsel Navroz Seervai, Mayur Khandeparkar and Nivit Srivastava, stated that Bhojane has not carried out any structural changes ever since.

However, to Bhojane’s shock, the NMCC issued a notice to him in February last year, calling upon him to stop alleged unauthorised commercial use at his residence. The notice did not specify what alleged unauthorised commercial use was being carried out at his residence, Bhojane said. He further stated that his father, a lawyer by profession, used to practice law from the residence, which he said is permissible under the Unified Development Control and Promotion Regulations for Maharashtra State (UDCPR).

On the other hand, pursuant to a court’s order in March 2025, which directed the NMMC to identify the illegal structures in Navi Mumbai and take action against it, the authorities addressed a letter to Bhojane in June last year, alleging that his house has been found to be used for commercial purposes. Subsequently, Bhojane submitted the necessary documents, and after noting that he had permission for the construction of the house, the NMMC was told to approach the Town Planning Department to obtain an occupation certificate.

Eventually, the election dates were announced and Bhojane filed his nomination. Following this, he claimed, one Kishor Patkar filed a complaint against Bhojane, alleging that he had carried out illegal construction at the plot. The petition further clarifies that the NMCC had already informed the RO that Bhojane has submitted all the supporting documents in this regard and the authorities have not yet passed an order in the matter.

Despite this, Bhojane said, the RO cancelled his nomination. Stating that he is an eligible candidate to contest the election, Bhojane urged the court to stay the order issued by the RO and to also to stay the 2025 general elections for the seat of councillor of ward no.17A of NMMC.

Highlighting that Bhojane has never been a Councilor before, senior counsel Navroz Seervai, submitted that his disqualification under sections 10(1D), 11 and 12 of the Maharashtra Municipal Corporations Act, 1949, was not valid in the matter because it only applies to a Sitting Councilor.