Dismissed¶20

Firdaus Ayyaz Ahemad v. the State Election Commission State of Maharashtra and Ors.

Bombay HC12 Jan 2026WP/528/2026

Case brief

AI extract

What is this about?

Disqualification of prospective Ward Councillor; Section 10(1)(f), Maharashtra Municipal Corporation Act, 1949; indirect interest in Corporation contract; Secretary of self-help group (Moti Mahila Bachatgat Malegaon) holding meal-supply contract; Pradhan Mantri Poshan Shakti Nirman Yojana (PM POSHAN) nutritious food contract; Melgaon/Malegaon Municipal schools, Nashik; certificate of non-contractor status dated 25.12.2025; order dated 31.12.2025 challenged; writ petition dismissed by Bombay High Court on 13.01.2026.

What did the court decide?

Construing the expression(s) “indirectly” and “interest in any contract” in Section 10(1)(f) of the Maharashtra Municipal Corporation Act, 1949, the petitioner is disqualified (from contesting election as Ward Councillor). ¶20

Firdaus Ayyaz Ahemad vs the State Election Commission State of Maharashtra and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶20

Issue for consideration

Whether the petitioner, whose self-help group holds a contract with the Corporation for supply of nutritious food, has a share or interest (directly or indirectly) in a contract with, by or on behalf of the Corporation, and is thereby disqualified under Section 10(1)(f) of the Maharashtra Municipal Corporation Act, 1949 from contesting the election for a Ward Councillor.

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Court's answer

¶20

Ratio / Principle

In view of the observation that the petitioner is disqualified, Writ Petition No.528 of 2026 is dismissed.

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Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Civil Appellate Jurisdiction), coram Shree Chandrashekhar, CJ and Gautam A. Ankhad, J., decided Writ Petition No.528 of 2026 on 13 January 2026, dismissing it. The petitioner, Firdaus Ayyaz Ahemad of Nayapura, Malegaon, Dist. Nashik, Secretary of the self-help group Moti Mahila Bachatgat Malegaon, challenged an order dated 31 December 2025. The self-help group supplies meals to the Melgaon Municipal schools pursuant to a contract for supply of nutritious food under the Pradhan Mantri Poshan Shakti Nirman Yojana; counsel pointed to a certificate dated 25 December 2025 stating that the petitioner is not a contractor under the Corporation. Applying Section 10(1)(f) of the Maharashtra Municipal Corporation Act, 1949 (‘Disqualification for being a councillor’), which disqualifies a person who directly or indirectly has any share or interest in any contract or employment with, by or on behalf of the Corporation, the Court held that the expressions “indirectly” and “interest in any contract” can be construed to mean that the petitioner is disqualified, and accordingly dismissed the petition. No precedent was cited and no separate or dissenting opinion appears.

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911.528.26-wp.docx

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.528 OF 2026

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Digitally signed by BASAVRAJ BASAVRAJ GURAPPA GURAPPA PATIL PATIL Date: 2026.01.16 11:00:23 +0530

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Firdaus Ayyaz Ahemad .. Petitioner

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Vs.

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State of Maharashtra & Ors. .. Respondents

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...

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Mr. Vikas Mourya, Advocate for the Petitioner

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Mr. Akshay S. Pansare i/b. Mr. S. B. Shetye, Advocates for Respondent No.1-SEC

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CORAM : SHREE CHANDRASHEKHAR, CJ & GAUTAM A. ANKHAD, J.

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DATE : 13^th JANUARY 2026

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P.C. :

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Aggrieved by the order dated 31^st December 2025, the petitioner-Firdaus Ayyaz Ahemad, who is a resident of Nayapura, Malegaon, Dist. Nashik, has approached this Court.

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On a glance at the order dated 31^st December 2025, we gather that the petitioner is a Secretary of the Moti Mahila Bachatgat Malegaon which is a self-helf group. Under the Pradhan Mantri Poshan Shakti Nirman Yojana , the said self-help group provides meals to the Melgaon Municipal schools pursuant to a contract awarded to it for supply of nutritious food. The learned counsel for the petitioner submits that on 25^th December 2025 a certificate was provided to the petitioner to the effect that he is not a contractor under the Corporation.

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Section 10 of the Maharashtra Municipal Corporation Act, 1949 provides ‘Disqualification for being a councillor’. Sub section (1) (f) thereof provides that a person who is directly or indirectly by

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911.528.26-wp.docx

himself or his partner has any share or interest in any contract or employment with, by or on behalf of the Corporation, shall be disqualified for contesting the election for a Ward Councillor. The expression “indirectly” and “interest in any contract” can be sufficiently construed to mean that the petitioner is disqualified. 4. In view of the aforesaid observations, Writ Petition No.528 of 2026 is dismissed.

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[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]

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Firdaus Ayyaz Ahemad v. the State Election Commission State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Firdaus Ayyaz Ahemad v. the State Election Commission State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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