Case Note & Summary
The petitioners, Sadik Abdulkadir Shiledar and Sanjay Laxman Sukhdan, filed a writ petition before the Bombay High Court at Aurangabad seeking directions to the State Election Commission and other respondent authorities to revise the election program for the Nevasa Nagar Panchayat from the stage of scrutiny of nomination forms. The petitioners contended that after the date of filing of nomination forms, the State Election Commission issued various guidelines regarding the filing of nomination forms, which necessitated a fresh start. Additionally, petitioner No. 2, Sanjay Sukhdan, sought to participate in the revised election program by ignoring his earlier withdrawal of nomination. The election program had been notified on 4 November 2025 for 246 Nagar Parishads and 42 Nagar Panchayats in Maharashtra, with nomination filing from 10 to 17 November 2025, scrutiny on 18 November 2025, and withdrawal from 19 to 21 November 2025. The court, comprising Justice Vibha Kankanwadi and Justice Hiten S. Venegavkar, heard the matter on 2 December 2025. The court noted that the election process had already commenced and progressed beyond the stages of scrutiny and withdrawal. The court held that once a candidate voluntarily withdraws his nomination, such withdrawal is final and cannot be revoked. The court further held that under Article 226 of the Constitution, the High Court should not ordinarily interfere with the election process once it has commenced. The petition was dismissed, and no order as to costs.
Headnote
A) Election Law - Withdrawal of Nomination - Irrevocability - Once a candidate withdraws his nomination form in accordance with the rules, such withdrawal is final and cannot be revoked or ignored - The court held that the petitioner No. 2 having voluntarily withdrawn his nomination cannot be allowed to participate in the election process afresh (Paras 5-7). B) Election Law - Interference by Courts - Commencement of Election Process - Article 226 of Constitution of India - The court held that once the election process has commenced, the High Court should not ordinarily interfere with the election process under Article 226 - The petition was dismissed as the election program had already progressed beyond the stage of scrutiny and withdrawal (Paras 8-10).
Issue of Consideration
Whether the court can direct the election authorities to revise the election program from the stage of scrutiny and allow a candidate to participate after withdrawal of nomination.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Election process cannot be interrupted after commencement
- Withdrawal of nomination is irrevocable
- No estoppel against statutory provisions
- Article 226 not to interfere with election process
