SADIK ABDULKADIR SHILEDAR Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) By present petition petitioner seeks direction to the respondent authorities to commence the revised election program from the stage of scrutiny of election forms since various guidelines have been issued after the date of filing of the nomination form by the respondent No. 1 in respect of filing of the nomination forms. The petitioner further prays that petitioner No. 2 be allowed to participate in the revised election program by ignoring his earlier withdrawal of his nomination form.

(2.) The petitioner submits that respondent No. 1 had issued a notification dtd. 4/11/2025 and declared the elections of 246 Nagar Parishads and 42 Nagar Panchayats within the State of Maharashtra. The election program for the post of Members and the President of Nagar Parishads and Nagar Panchayats commenced from 6/11/2025 declaring the Collector of the respective districts to declare the election program. As per the election program dtd. 6/11/2025, the nomination form was to be filled from 10/11/2025 to 17/11/2025. The scrutiny of the nomination form was scheduled on 18/11/2025 and the date for withdrawal of the nomination form would be from 19/11/2025 till 21/11/2025. The election program also contemplated the statutory appeals which are likely to be filed against the rejection of the nomination forms and in such cases, the withdrawal of the nomination form was to be decided to be from 21/11/2025 to 25/11/2025. The date of allotment of symbol and to publish the list of the contesting candidates was scheduled on 26/11/2025. The date of poling was scheduled on 2/12/2025 and the date of counting and declaration of the result of scheduled on 3/12/2025.

(3.) Petitioner No. 2 has filed his nomination form for the post of 'President' and his form came to be declared as valid however, during the scheduled date for withdrawal, petitioner No. 2 has withdrawn his nomination from elections. The petitioner submits that while filing the nomination form, there were certain difficulties to the Returning Officer in respect of the candidate of the political party who have filed the nomination form from 10/11/2025 till 17/11/2025. The scrutiny of the nomination form was scheduled on 18/11/2025 and the date for withdrawal of the nomination form would be from 19/11/2025 till 21/11/2025. The election program also contemplated the statutory appeals which are likely to be filed against the rejection of the nomination forms and in such cases, the withdrawal of the nomination form was decided to be from 21/11/2025 to 25/11/2025. The date of allotment of symbol and to publish the list of the contesting candidates was scheduled on 26/11/2025. The date of poling was scheduled on 2/12/2025 and the date of counting and declaration of the result was scheduled on 3/12/2025.