Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 74130 (BOM)

NILOFAR USMAN SHAIKH v. THE STATE OF MAHARASHTRA AND OTHERS

WP/14284/2025 · 2025-11-28

Shri Arun R Pedneker

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD 937 WRIT PETITION NO. 14284 OF 2025 Nilofar Usman Shaikh VERSUS The State Of Maharashtra And Others ... Advocate for the Petitioner : Mr. Kanade Angad Lala AGP for Respondents-State: Mr. S. G. Joshi ... CORAM : ARUN R. PEDNEKER, J. Dated : November 28, 2025. PER COURT :- 1. Heard. 2. The petitioner challenges the order passed by the Returning Officer accepting the nomination of respondent No. 4, as well as the order passed by the Appellate Authority under Rule 15 of the Maharashtra Municipal Council Election Rules, thereby dismissing the petitioner’s appeal. The learned Counsel for the petitioner submits that the acceptance of the nomination of respondent No. 4 is vitiated on the ground that the documents submitted along with the nomination form were not affirmed before an authorized officer, and therefore the mandatory requirement of affirmation was not complied with. 3. The petitioner thereafter filed the present Writ Petition on 26/11/2025 seeking a declaration regarding the validity of the nomination of respondent No. 4 and the consequential allotment of symbols. However, by the time the petition was filed, the symbols had already been allotted to the contesting candidates. In view of the disputed factual aspects and considering that the Page 1 of 2 2025:BHC-AUG:32798 937 WP 14284-2025 election process has already reached an advanced stage, this Court is not inclined to entertain the petition at this stage. This Court is also mindful of the limitation contained under Article 243ZG of the Constitution of India, in interfering in electoral matters. 4. In view of the above circumstances, the Writ Petition is disposed of with liberty to the petitioner to avail the remedy as is available under The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 and the Election Rules framed thereunder, including any post-election remedy, if so advised. 5. The Writ Petition accordingly stands disposed of. ( ARUN R. PEDNEKER, J. ) vj gawade/-. Page 2 of 2