Maharashtra municipal elections: No polling where only one candidate is in fray

On the other hand, a re-poll may be conducted in wards where NOTA polls more votes than any of the candidates, the SEC said

The State Election Commission (SEC) has made it clear that there will be no polling in wards where there is just one candidate in the fray for the January 15 municipal corporation elections in the state. And, no, NOTA (None Of The Above) is not actually a candidate, the SEC clarified. Hence, its presence in the list of candidates does not warrant polling in wards where it is the only entity listed other than the lone candidate.

Mumbai: State Election Commissioner, Maharashtra, Dinesh Waghmare, centre, addresses a press conference regarding the schedule of the state municipal corporation polls, in Mumbai. (PTI)

On the other hand, a re-poll may be conducted in wards where NOTA polls more votes than any of the candidates, the SEC said.

The SEC stated this on Tuesday even as the opposition’s protest grew louder over the “uncontested election” of 69 candidates in nine municipal corporations in the state. All but one of these candidates are from the three ruling parties in the Mahayuti coalition – BJP (44), Shiv Sena (22) and NCP (2). The lone unopposed candidate is from the Islam Party in Malegaon. Of the remaining 68 candidates, more than half are from the Kalyan-Dombivali (22) and Jalgaon (15) municipal corporations.

The opposition has alleged that the ruling parties used threats and inducements to get opposition candidates to withdraw their nomination, so that their own candidates could win without a fight. This would give them an early edge in these hotly debated, crucial elections.

To counter these “early wins”, opposition leaders have demanded polling in these 69 wards, arguing that NOTA should be treated as a candidate, which would mean the nominee is no longer unopposed.

Also, Avinash Jadhav of the Maharashtra Navnirman Sena (MNS) has moved the Bombay High Court. “We have demanded a court-monitored investigation into these ‘unopposed elections’. The SEC itself has said an investigation would be conducted before the results of these candidates are announced,” said advocate Aseem Sarode, representing Jadhav.

Meanwhile, Pune-based social activist Namdev Jadhav cited an April 2025 Supreme Court order, which mandates polls even when there is only one candidate on the list. “The order states that, in accordance with the doctrine of free and fair elections, such candidates should secure at least 15% votes,” he said.

Sarode added that cases relating to voting in constituencies with only one candidate are pending in the apex court, awaiting judgement.

State election commissioner Dinesh Waghmare, however, said there is no provision either in the Representation of the People Act or local municipal laws that mandate polling where there is only one candidate in the fray. “I am not aware of the Supreme Court order of April 2025. And, even if the SC has passed some orders, they are recommendations, and would need amendments to the laws that govern the elections.”

Waghmare further clarified that the election results in wards where there is only one candidate would be announced on January 16, along with the other results. He said re-polls would be conducted in these wards only if reports submitted by municipal commissioners establish the use of inducements or threats to get rival candidates to withdraw.

Referring to a 2017 provision for a re-poll if NOTA polls more votes than any of the candidates in a ward, an SEC official said if re-polls too deliver the highest number of votes to NOTA, all the candidates should be debarred from contesting for five years and fresh polls should be held.