Mumbai: The Bombay High Court on Tuesday dismissed the petition by Aakifahmed Dafedar, Vanchit Bahujan Aghadi’s (VBA) candidate from Bandra (West) constituency, challenging rejection of his nomination papers by the Returning Officer (RO) on the ground that the same were filed after 11 am.
A vacation bench of Justices Arif Doctor and Somasekhar Sunderesan dismissed the petition noting that the Election Commission of India (ECI) had clearly publicised that no nomination forms would be accepted after 11am on October 30. Also, a three-judge bench of the HC has laid down that the decision of an RO can only be challenged through an election petition and not a writ petition.
The HC was hearing a petition by Dafedar stating his nomination papers were rejected by the RO on the ground that the same were filed after 11 am. Initially he submitted his nomination on October 29, 2024, however, it was returned as his paperwork contained some blanks. He claimed that he was verbally instructed to resubmit the corrected nomination by 11:45 am on October 30. When Dafedar went to submit the nomination form on October 30 at 11.30 am, the same was rejected as being filed beyond time.
On Tuesday, an affidavit was filed by ECI, through Advocate Akshay Shinde stating that the last date of withdrawal of nomination was November 4, which process is over. “Resultantly, the final list of contesting candidates has been duly published… This subsequent development ought to be considered in its proper perspective since it has a decisive adverse effect on the entertainability of the present Petition, more particularly, at this crucial stage of the present on-going election process,” read the affidavit filed by Bhagvat Gavande, RO, Vandre West Assembly Constituency.
It further said that the ECI had announced on October 22, the important dates and time including the date and time of scrutiny which was October 30, at 11am. The RO, in affidavit, has denied that he asked Dafedar to correct the affidavit and resubmit it the next day without specifying a particular time for this resubmission. “As aforesaid, all throughout since 22/10/2024 the Petitioner was aware of the fact that the scrutiny of nomination forms was to take place on 30/10/2024 at 11 am,” the affidavit adds.
The affidavit further cited the 2021 judgment of a three-judge bench of the HC, which “in absolutely clear unambiguous and assertive terms” held that a decision of RO rejecting nomination form has to be challenged through an Election Petition and not a Writ Petition.
