Civic Poll Candidates Must Certify They Own No Illegal Constructions

The Bombay High Court (HC) has mandated that candidates contesting civic polls must certify that they neither own nor have constructed any unlawful structures. This decision came about during the hearing of a Public Interest Litigation (PIL) filed by Shantanu Nandgude, a resident of Pimpri-Chinchwad.

Nandgude's attorneys, S. Kulkarni and V. Kabre, argued on September 6 that an elected councilor could face disqualification under the Maharashtra Municipal Corporation Act if found to have constructed illegal structures. They proposed that such a disclosure should be included in the nomination forms to prevent such individuals from running for office.

Following these arguments, the court provided instructions to the State Election Commission (SEC). According to an affidavit submitted by secretary K Suryakrishnamurty, an order was passed on September 26 to amend clause 16.5 of the affidavit filed by a candidate contesting an election to a municipal corporation. The candidate will now be required to make such a declaration.

The PIL was filed by Nandgude with the aim of addressing the increasing number of unauthorized structures. He had previously appealed to the chief minister and deputy chief minister, requesting that they bar candidates involved in unlawful or unapproved construction from running for office in local panchayats, municipalities, or legislative assemblies. He also wrote a letter to the SEC requesting the inclusion of this disclosure clause in nomination forms.

Despite not receiving a response, Nandgude moved to the High Court. Kabre pointed out that while the SEC has issued an order regarding the disclosure clause, it has not yet provided the election nomination form. The Chief Justice responded that it would be incorporated whenever they create the nomination form.

The court also discussed whether a similar clause would be added for elections to gram panchayats and other local bodies. The justices have asked Shetye to seek guidance from the SEC on this matter and report back to the court on December 21.