Savita Shashikant Lomte v. Maharashtra State Election Commission Through Chief Election Officer

2025:BHC-AUG:31912 1 wp13884.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 WRIT PETITION NO. 13884 OF 2025 SAVITA SHASHIKANT LOMTE

VERSUS

MAHARASHTRA STATE ELECTION COMMISSION THROUGH CHIEF ELECTION OFFICER ...

Advocate for the Petitioner : Mr. Shrigopal Ghanshyamdas Dodya ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 20.11.2025 PER COURT:

1.

Heard.

2.

Petitioner challenges the acceptance of nomination of respondent no.3 for election of Ambejogai Municipal Council of ward member / councillor (Nagsevak).

3.

The learned counsel appearing for the petitioner submits that the petitioner has raised certain objections orally to the nomination of respondent no.3, before the returning officer / Respondent No.2. He submits that the petitioner has raised objections as regards the non submission of NOC from employer as respondent no.3 is working in a 100% grant-in-aid institution and that she stands disqualified by virtue of her appointment in a

2 wp13884.2025 government grant-in-aid institution. However, objection has not been specifically rejected and the nomination is accepted. He also submits that the petitioner has raised another objection as regards the non production of marriage certificate. He also submits that the petitioner has raised other objection as regards the false family income statement is made. He further submits that, although, the objections was orally made it was not recorded by respondent no.2 / Returning Officer. He also submits that the petitioner has given written application to the Returning Officer for supply of the photocopy of all the papers and the same are given to the petitioner. 4.

Acceptance of the nomination of respondent no.3 would amount rejection of any objection raised, if any. There is remedy of appeal provided under Rule 15 of the Maharashtra Municipal Council and Nagar Panchayats Elections Rules, 1966 to challenge the acceptance of nomination.

5.

The Writ Petition stands disposed of with liberty to challenge the nomination of respondent no.3 before appropriate authority. If such an appeal is filed, the appellate authority would decide the same in accordance with law without being influenced by any observations made by this court. I have not expressed

3 wp13884.2025 anything on merits of the matter. I have merely noted the submissions of the petitioner.

[ARUN R. PEDNEKER, J.] marathe