Bombay HC petition seeks probe into ‘coercive withdrawals’ behind unopposed civic poll wins

Maharashtra Navnirman Sena (MN) leader Avinash Anant Jadhav has filed a writ petition in the Bombay High Court challenging the process that led to several candidates being elected unopposed in the upcoming municipal corporation elections across Maharashtra. The plea alleges that opposition candidates were “forced, intimidated, or allured into withdrawing their nominations through corrupt practices,” violating the constitutional mandate of free and fair elections. 

Filed under Articles 226 and 227 of the Constitution through advocate Asim Sarode, the petition names the State of Maharashtra and the State Election Commission (SEC) as respondents. It seeks a court-monitored inquiry into what the petitioner terms “mass withdrawals” of nominations and a stay on the official notification of results in affected wards. 

“The 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,” the plea states. It further alleges that local administration was used to facilitate uncontested wins for candidates of the ruling alliance. 

According to the petition, 68 of the 69 unopposed seats have gone to the Mahayuti alliance: 44 to the Bharatiya Janata Party (BJP), 22 to the Shiv Sena (Shinde faction), and two to the Ajit Pawar-led Nationalist Congress Party, while one candidate from an Islamic party in Malegaon was also elected without contest. These figures, the plea says, are based on unofficial claims, as the SEC has not formally declared any results. 

The petition notes that the SEC has ordered a state-wide inquiry into allegations of coercion and inducements that allegedly led to large-scale withdrawals of nomination papers ahead of the January 2 deadline. “The SEC, via its orders dated 02/01/2026 and 03/01/2026, mandated that results of unopposed elections not to be officially declared until an inquiry into the ‘coercive withdrawals’ is completed, but the said orders were violated by the ROs of the respective Municipal Corporation wards,” the petition read. 

Mr. Jadhav has also urged the High Court to direct the State Government to amend the Maharashtra Municipal Corporations Act, 1949, to introduce a provision mandating a minimum vote share for candidates elected unopposed. “Considering the fact that the Hon’ble Supreme Court of India has directed the Central Government to formulate regulations mandating a minimum vote share for candidates elected unopposed, in the same manner the Hon’ble High Court is empowered to direct the State Government to formulate legislation,” the petition states. 

The plea highlights the absence of any mechanism for voters to exercise the NOTA (None of the Above) option in uncontested elections, terming it a denial of the fundamental right to express dissatisfaction. “There is unrest and dissatisfaction in the minds of the people in Maharashtra,” the petition asserts. 

Polls to 29 municipal corporations, covering 893 wards and 2,869 seats, are scheduled for January 15, with counting on January 16. The petition clarifies that it is not challenging the election of any individual candidate but the process of unopposed elections.