Mumbai: In setback to Corporator BJP Prabhakar Shinde, a small causial court ruled out the 2017 election as NULL and Void on Thursday.
He was elected from Ward Number 106 in Mulund in a poll held on February 21, 2017.
The court, at the request by BMC and Shinde’s lawyer, gave a four-week stay to allow the corporator to appeal.
Advocate Jeet Gandhi then said Shinde would file a petition before the Bombay High Court against orders.
In a pronounced assessment in the Open Court, a additional judge’s head on a small causal court in Dhobi Talao allowed the election petition submitted by residents, Bhargav Kadam.
The selection of Shinde is challenged, especially on the basis that the officers who returned did not sign the nomination form, said the legal team.
Shinde’s lawyer argues that the signing of the form of nomination is the duty of the officer returning.
He argued that even if he failed to fulfill his duties, the elected candidate could not be punished because of the officer’s return.
The other shinde submission is that the person challenges election victory is not a candidate or his constituency voter and therefore does not have the Lokus – the right to be heard – to submit an election petition.
“I will immediately file a petition before HC,” Shinde said after the assessment.
A statement from Shinde said: “After receiving the implementation of candidates in the election process, after examining the application, it was studied that the officers who returned did not sign the application and only for this reason, the election process was canceled.” Shinde with Shiv Sena before he joined BJP close to the 2017 BMC election.
The court order was a setback to BJP since Shinde was the leader of the party group in BMC.
The order arrived several months before the BMC selection was due in February.
Shinde said: “Candidates do not have the right to check whether it is signed by officers who return or not.
It is the responsibility of the State Election Commission and the Administration to complete the selection process and announce the decision in Gazette.
Candidates cannot interfere in it.
Senior legal experts argue That inappropriate to punish candidates after four and a half years.
Third parties have submitted a request only for political reasons.
But there is no doubt that we will get justice in the High Court.
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The BJP Corporator selection is set aside as null and void
