Bombay HC Rejects Petitions Challenging Unopposed Elections

Mumbai: The Bombay High Court on Wednesday rejected a petition filed by MNS leader Avinash Jadhav challenging the unopposed election of candidates in municipal corporation polls. The petition sought the option of NOTA even when a candidate is elected unopposed. The court found no merit in the petition and reprimanded the petitioner.

In the petition, Mr. Jadhav argued that declaring candidates as winners without conducting voting goes against democratic principles. He also wanted clarification on what would happen if the sole candidate who did not withdraw contested the election and a substantial number of voters opted for NOTA (None of the Above). The petition also alleged that in some areas, other candidates withdrew their nominations due to pressure or inducements, leaving no contest.

The Bombay High Court refused to accept these claims. The court observed that the petitioner failed to provide solid and reliable evidence to support the allegations. It also stated that the election process is being carried out according to the law, and there is no reason for the court to interfere.

The court stated that if only one valid candidate remains in a ward, declaring that candidate elected unopposed is in line with election laws. This practice is legally permissible under the current framework. The High Court also advised the petitioner to approach the court responsibly in such matters in the future

Advocate Aseem Sarode, petitioner’s lawyer, said, “We had filed two PILs - one from MNS leader Avinash Jadhav and the other from Congress activist Sameer Gandhi - challenging the election of unopposed candidates in municipal polls and sought the option of NOTA even when a candidate is elected unopposed. However, the HC rejected the PILs, saying the election process has been completed.”

The SEC is expected to declare the results of unopposed candidates along with other results on January 16, when counting is scheduled. Of the uncontested candidates, 44 are from the BJP, 22 from the Shiv Sena, two from the NCP and one from the Islam Party in Malegaon.