"Election process had already started and hence at this stage no relief can be granted,'' the judges said.
Those who had moved the HC included Shiv Sena party's Rajul Patel who had filled the nomination form for the Versova assembly constituency in the city, Kuldeep Pednekar, a member of Nationalist Congress Party (NCP) who had filed for the Byculla seat, Changez Multani, a former Samajwadi Party member who had filed as an independent candidate from Versova constituency andSitaram Tiwari from Bharatiya Janata Party who wanted to contest from Chandivali. There were five who moved the HC on Wednesday against the September 29 rejection of their nomination plea. Khan Mainuddin Mohammed also from Chandivali said he was contesting as a member of the All India Majlis E Itehad Ul Muslimena, a recognized national party. Mohammed Islan had wished to contest the Chandivali seat for the Peace Party, as did Gulam Banani as an independent candidate and Mohhamed Quereshi from the Awami Vikas Party.
Multani is currently in judicial custody in a criminal case where all of them had filled their nomination forms on September 27 and two days were told by the returning officers that they were rejected. Seven of those rejected were from the Chandivali assembly constituency. They all said that the official from the Election Commission found them invalid. The returning officer pointed to incomplete forms and "shockingly'' to a check list which they said they had never submitted. The action of the officials, the petitioners complained was "high handed'' and ''illegal.'' One of the petitioners was a Sudhakar Kamble, a senior crime reporter from a Television channel. Multani is at present in judicial custody in a case of abetting a rape accused marry the survivor.
The 56 year old Pednekar said he has no criminal record and thus cannot be barred from contesting the October elections.
He said he was served with the notice dated September 27 to comply and rectify the errors in the nomination form. He said he complied with the request but two days later his nomination was rejected on minor and technical grounds which the Supreme Court has also in various judgments frowned up on.
The HC however, said it could not entertain their petitions and dismissed them. The judges said they could file election petitions under the Representation of Peoples Act. But that legal option is not likely to get them swift relief which could enable them to contest the October 15 polls in Maharashtra said lawyers.
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