MNS leader moves Bombay HC against ‘unopposed’ Mahayuti wins in civic polls; seeks court-monitored probe, stay on results

“The local administration was used to facilitate the uncontested win of the ruling alliance candidates, as alleged in similar cases currently under SEC probe in Mumbai and Thane,” Jadhav stated in his plea. (File photo)

Maharashtra Navnirman Sena (MNS) leader Avinash Jadhav approached the Bombay High Court Monday seeking a court-monitored independent inquiry into “mass withdrawals” of candidates for the municipal corporation elections in the state.

The Thane-based leader’s plea has also sought a stay on the declaration of results in over 68 seats where the ruling Mahayuti has claimed “unopposed” victories, and sought that such results shall not be declared until final disposal of the petition.

“Withdrawal of rival candidates was not voluntary but was the result of systemic coercion, threats, or illegal allurements, violating the ‘free and fair’ mandate of Article 243-ZA of the Constitution,” the plea claimed.

Even as the ruling Mahayuti in Maharashtra claimed unopposed victories ahead of the polling scheduled to be held on January 15, the State Election Commission (SEC) had sought reports from local officials to ensure that no force or any other means were used to intimidate other candidates from contesting the elections. A candidate is considered victorious only after a report to this effect is submitted, considered by the Commission, and a final decision is made.

The plea said the SEC has ordered inquiries into approximately 69 of the 70 candidates declared elected unopposed so far across 29 municipal corporations, following serious allegations of coercion, intimidation, and inducements, which allegedly led to large-scale withdrawal of nomination papers ahead of the January 2 deadline.

Jadhav also sought to know what the outcome would be if the lone candidate who had not withdrawn their nomination contested the election and a substantial number of voters then chose the NOTA (None of the above) option.

The petition, filed through advocates Asim Sarode and Shriya Awale, claimed that while the SEC has mandated that the results of unopposed elections must not be officially declared until an inquiry into the “coercive withdrawals” is completed, the said orders were violated by the Returning Officers (ROs) of the respective municipal corporation wards.

The MNS leader also sought directions to the state government to “formulate legislation and amend the Maharashtra Municipal Corporations Act, 1949, to include specific provision for minimum vote share for candidates elected unopposed.”

“Considering the dubious role of the Election Commission as an institution, it is desirable in the interest of maintaining fairness and justice that High Court monitored inquiry and assessment is completed,” the plea claimed. “After the scrutiny and numbering of the petition, will mention the same (before the court),” advocate Sarode said.