Pune: PIL in Bombay High Court Challenges Unopposed Election of Candidates Without Polling

Pune, 10th January 2026: A public interest litigation (PIL) has been moved in the Bombay High Court questioning the State Election Commission’s practice of declaring candidates elected unopposed in wards where only one valid nomination remains, without conducting polling. The petitioner has argued that this process violates voters’ constitutional and fundamental rights.

The PIL has been filed by Pune-based social activist Dnyaneshwar Bajirao Darwatkar, days ahead of the civic body elections scheduled on January 15, with counting set for January 16. The petition challenges the role of returning officers who declare candidates elected without holding elections in constituencies with a single valid nomination.

According to the plea, the practice undermines Article 326 of the Constitution, which guarantees the right to vote, and Article 19(1)(a), which protects freedom of expression. The petitioner contended that the right to vote also includes the option to reject a candidate through NOTA (None of the Above) on electronic voting machines. Denying voters a chance to exercise this option amounts to curtailing their right to express dissent, the petition stated.

The PIL further referred to a State Election Commission order dated November 6, 2018, which recognises NOTA as an electoral option and mandates re-elections if NOTA receives more votes than any candidate. Declaring candidates elected unopposed without polling, the petitioner argued, runs contrary to this binding directive.

Highlighting the urgency, Darwatkar pointed out that the SEC has already declared several candidates elected unopposed in recent municipal council and nagar panchayat elections. He expressed concern that the same approach could be adopted in the upcoming municipal corporation polls.

The petition stated that elections are meant for voters’ participation and questioned the democratic legitimacy of outcomes where citizens are denied the opportunity to vote or reject a candidate. An urgent application has been filed seeking an early hearing before a division bench comprising the Chief Justice and Justice Gautam Ashwin Ankhad.

The petitioner has urged the court to intervene before polling and declaration of results, warning that failure to do so would permanently deprive voters in affected wards of their electoral rights.