Mumbai, Jan 9 (PTI) The Bombay High Court on Friday dismissed a Public Interest Litigation (PIL) which claimed that a large number of nomination forms for the January 15 elections to the Mumbai civic body
were rejected by poll authorities on "frivolous and hyper-technical" grounds.
A bench led by Chief Justice Shree Chandrashekhar rejected the plea after the lawyer of the Municipal Commissioner-cum-District Election Officer (DEC) argued the petitioner was not a contesting candidate and had no locus standi in the matter.
The petitioner primarily challenged the mandatory demand for several "No Objection Certificates" (NOCs) that were reportedly not part of the official checklist issued by the State Election Commission (SEC).
The PIL, filed by social activist Mozam Ali Mir, alleged that returning officers (ROs) across all 227 wards of the Brihanmumbai Municipal Corporation (BMC) have disqualified thousands of prospective candidates on "hyper-technical" and "non-statutory" grounds to benefit the ruling party.
According to the petition, candidates were forced to provide NOC for water department dues, assessment and property tax, building legality and police clearance certificates (PCC).
Mir stated that since these departments are under the administrative control of the municipal corporation, NOCs were "deliberately delayed or refused" to Opposition and independent candidates to hinder "the conduct of free and fair elections".
He asserted that due to these unauthorized demands by the civic corporation, eligible individuals were deprived of their right to participate in the elections.
Mumbai Municipal Commissioner-cum-DEC, represented by advocate Joel Carlos, told the HC the petitioner was not a contesting candidate and hence had no locus standi in the matter.
Carlos contended the petition was not maintainable and should be rejected.
Finding merits in his arguments, the court dismissed the petition.
The filing of nominations for the January 15 polls ended on December 30. PTI AVI RSY
