In a lively courtroom exchange, the Bombay High Court probed the Election Commission of India (ECI) over its rigid rejection of Aakifahmed Dafedar’s nomination for the Bandra West seat in the upcoming State Assembly elections. Dafedar, the Vanchit Bahujan Aghadi (VBA) candidate, found his nomination dismissed for missing the stipulated 11 AM deadline on October 30, the moment scrutiny was set to begin.
A bench comprising Justice Arif S Doctor and Justice Somasekhar Sundaresan zeroed in on the specifics of this deadline. “Why 11 AM? Why not noon or later? Most workdays don’t even properly kick off at 11,” remarked the judges, visibly questioning the inflexibility of the rule. They demanded the ECI justify this timeline, requesting a detailed affidavit to explain the rationale.
Dafedar had initially filed his nomination on October 29, the final day for submissions, but incomplete details—specifically criminal antecedents and financial disclosures—rendered it unacceptable. Ordered to resubmit with the missing data by 11:45 AM on October 30, Dafedar’s attempt to meet this directive was thwarted when his corrected paperwork was rejected. The ECI claimed scrutiny had already started.
ECI’s representative, Akshay Shinde, defended the decision, arguing Dafedar should have pursued an election petition rather than a writ. Shinde emphasized the necessity of strict adherence to deadlines, presenting documentation to show that the rules were clear and communicated.
However, Dafedar’s legal team countered that the ECI’s enforcement was unnecessarily harsh. They argued that regular working hours should dictate submission windows, making the cutoff unreasonable. The court, unconvinced by the rigid timing, has scheduled another hearing for further examination of the case.
