A division bench of Justices Nitin Jamdar and Sharmila Deshmukh said the use or non-use of discretion by the Brihanmumbai Municipal Corporation (BMC)
Rutuja Latke
The Bombay High Court on Thursday asked the Mumbai civic body to accept the resignation of Rutuja Latke, the candidate of 'Shiv Sena Uddhav Balasaheb Thackeray' party for the upcoming Andheri East Assembly bypoll.
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A division bench of Justices Nitin Jamdar and Sharmila Deshmukh said the use or non-use of discretion by the Brihanmumbai Municipal Corporation (BMC)
Commissioner in taking a decision on the resignation in this case was "arbitrary".
The bench directed the competent authority of the BMC to accept the resignation and issue appropriate letter by 11 am on Friday.
Also read: HC asks BMC what is its difficulty in deciding on Rutuja Latke's resignation
This would pave way for Latke to file her nominations for the by-election on Friday.
"She (Latke) is your (BMC) employee...You should be helping her out," the court said.
Earlier in the day, Latke's counsel Vishwajeet Sawant had told the court that she is a clerk and has no pending dues or enquiries.
The last date for filing the nomination papers for the November 3 by-election is October 14. The bypoll was necessitated due to the death of Latke's husband and sitting MLA Ramesh Latke.
The Uddhav Thackeray faction had on Wednesday alleged that Rutuja Latke was being pressured by the group led by Maharashtra Chief Minister Eknath Shinde to contest on their ticket. The Thackeray faction also alleged political pressure on the Mumbai civic body to delay the resignation of Latke as its employee to scuttle her candidature for the bypoll. However, BMC commissioner I S Chahal had denied any political pressure.
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