Bombay High Court
Jayashree Moreshwar BhondveversusThe Election Commission of India AND ORS
- Decided
- Disposal
- Disposed off as Withdrawn
- Bench
- RAVINDRA V GHUGE
Holding
The writ petition was withdrawn and consequently disposed of by the Court.
Summary
The petitioner, Jayashree Moreshwar Bhondve, challenged the denial of her nomination as a Nationalist Congress Party candidate, alleging that the required Annexure 2 was submitted on the last permissible day but no order was issued by the Returning Officer. The petitioner produced an acknowledgment receipt showing the B‑Form was handed to the Returning Officer at 2:58 pm on 30 December 2025, which the State Election Commission’s counsel corroborated. The Municipal Commissioner of Pimpri Chinchwad appeared via video and agreed to review the receipt, CCTV footage, and other documents to verify compliance with the statutory timeline. The petitioner’s counsel subsequently sought to withdraw the writ petition, stating the matter was being reconsidered by the municipal authority. The Court accepted the withdrawal and disposed of the petition.
Issues considered
- Whether the denial of the petitioner’s nomination was contrary to the statutory time limits for filing nomination documents
- Whether the writ petition could be entertained given the pending reconsideration by the municipal authority
- Whether the petitioner was entitled to withdraw the writ petition at this stage
Subjects
- election
- nomination
- withdrawal of writ petition
- timing of filing
- political party symbol
- returning officer
- municipal corporation
Judgment
Digitally
signed by
TRUPTI
TRUPTI SADANAND
SADANAND BAMNE
BAMNE Date:
2026.01.03
14:20:22 6-wp-35-2026.odt
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 35 OF 2026
Jayashree Moreshwar Bhondve … Petitioner
versus
The Election Commission of India & Ors. … Respondents
Mr.S.S.Patwardhan with Mr.Akshay Hardas, Ms.Mrinal Shelar i/b.
Mr.Akshay C. Pawar for the Petitioner.
Mr.S.B.Shetye for the Respondent – State Election Commission.
Mr. Shravan Hardikar, Commissioner, Pimpri Chinchwad Municipal
Corporation (through video conferencing).
----
CORAM : RAVINDRA V. GHUGE, J.
(VACATION COURT)
DATE : 3rd JANUARY, 2026
P.C. :-
1. The only reason for the Petitioner having been denied
the nomination as a candidate of the Nationalist Congress Party
(Rashtravadi) (symbol: analogue clock), was that Annexure 2 was
delivered on the last date of the filing of the nomination and it is
said that no order has been passed by the Returning Officer.
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2. The learned Advocate for the Petitioner has shown to
the Court the original acknowledgment receipt of having tendered
the form in original to the Returning Officer at 2.58 noon and the
date being 30th December, 2025.
3. The learned Advocate for the State Election
Commission has also perused the said document and he also
confirms that the time is 2.58.
4. The learned Advocate for the Municipal Corporation
did not remain present before the Court. I, therefore, requested that
the Commissioner of the Pimpri Chinchwad Municipal Corporation
may address the Court through the video conferencing mode, since
time was the essence in this matter.
5. Shri Shravan Hardikar, the Pimpri Chinchwad
Municipal Commissioner, has graciously addressed the Court
through the video conferencing mode. Considering that the
acknowledgment receipt of the Petitioner indicates that the B-Form
of the Political Party is said to have been received at 2.58 on 30 th
December, 2025 by the Returning Officer, he seeks leave to
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reconsider this case during the course of the day by taking into
account other documents and the CCTV footage available with the
department, to confirm whether the B-form was delivered within the
statutory timeline.
6. The learned Advocate for the Petitioner submits that the
Petitioner would appear before the Municipal Commissioner of the
Pimpri Chinchwad Municipal Corporation at 4.30 pm today and
place before him the original acknowledgment receipt for his
perusal.
7. In view of the above, the learned Advocate for the
Petitioner seeks leave to withdraw this Petition as the case is being
reconsidered.
8. Needless to state, the allotment of symbols, insofar as
the Petitioner alone is concerned, namely, Jayashree Moreshwar
Bhondve, shall not be finalized until the Commissioner of the
Pimpri Chinchwad Municipal Corporation arrives at a decision in
this matter.
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9. This Writ Petition is disposed off as withdrawn, on
instructions.
(RAVINDRA V. GHUGE, J.)
(VACATION COURT)
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