HC dismisses PIL questioning mass rejection of nominations
MUMBAI, Jan. 10 -- The Bombay High Court on Friday dismissed a Public Interest Litigation (PIL) challenging the "mass rejection" of nomination forms across the BMC's electoral wards on "hyper-technical" grounds to "favour the ruling party".
A division bench of chief justice Shree Chandrashekhar and justice Gautam Ankhad refused to entertain the plea, saying, "The court is not entitled to pass any order or issue such a direction, which can obstruct the statutory election process."
The petition, filed by Mumbai-based businessman Mozam Ali Mir, claimed that the returning officers of all 227 electoral wards in the city had rejected several nominations on frivolous grounds, such as the affidavits not being in the prescribed format, defective question-answer sheets, and non-submission of no-objection certificates (NOCs) from the water, tax and police departments. He claimed that nearly 70%-80% of aspirants who collected nomination forms were unable to file them.
Advocate Joel Carlos, appearing for the BMC commissioner, questioned the maintainability of the plea, arguing that the petitioner is not even a contestant in the upcoming elections. Advocates Irfan Shaikh and Akshay Pansare, representing the State Election Commission, added that the PIL is also not maintainable as the election procedure is underway in all states, and scrutiny at this stage is not possible.
The high court accepted the BMC's contentions and dismissed the petition....
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