Maha bypolls: HC tells BMC to accept resignation of Uddhav faction's nominee by 11 am on Friday

Shiv Sena Uddhav faction got a relief after the Bombay High Court resolved the legal hurdle in fielding Rutuja Ramesh Latke, wife of late sitting MLA Ramesh Latke, for the November 3 byelection to the Andheri East assembly constituency. An HC bench directed Brihanmumbai Municipal Corporation (BMC) to accept her resignation so that she can file her nomination papers on the last day of nominations on Friday.

Mumbai: The Bombay High Court on Thursday instructed the Brihanmumbai Municipal Corporation (BMC) to accept the resignation of Rutuja Latke, the candidate of Shiv Sena's Uddhav Thackeray faction for the current byelection to Andheri East assembly constituency. The court's order brought the curtains down on the stalemate regarding the candidature of Rutuja Latke, who can now file her nomination papers on the last day on Friday.

A division bench comprising Justices Nitin Jamdar and Sharmila Deshmukh directed the competent authority of the BMC to accept the resignation by 11 am on Friday (Oct 14). With this, the Uddav group's nominee would be able to file her nomination for the by-election tomorrow. The court asked why the BMC officials were not helping out their employee in the resignation issue.

In her petition, Rutuja Latke said that she has resigned, but the officials have not yet accepted it. Her counsel told the bench that she is a clerk and has no pending dues or investigations against her. The legal tussle surrounding the candidature of Rutuja Ramesh Latke for the November 3 byelection to Andheri East is finally resolved in the court. If the resignation of Rutuja is not accepted by Friday, she would become ineligible to contest in the bypoll, which is being held following the passing away of sitting MLA late Ramesh Latke, who was her husband.

The Uddhav faction has decided to field Ramesh Latke's wife in the by-election. She is awaiting acceptance of her resignation to file her nomination papers by the last day of nominations on October 14. It may be recalled that the sitting MLA of Shiv Sena from Andheri East, Ramesh Latke, passed away in Dubai due to a heart attack. His departure has created a big void in Shiv Sena. Rival factions considered the possibility of Latke's wife getting the sympathy vote. However, the delay on the part of the BMC to accept Rutuja's resignation has now raised doubts about her candidature.

Shiv Sena's late Ramesh Latke won twice in a row from Andheri East. As such, the Sena factions are making all-out efforts to win the seat. The BJP is trying its best to get a foothold in the segment and it is fielding Murji Patel once again. However, the Uddhav faction is facing an uphill task as the Sena Shinde faction and the BJP are joining hands.

Rutuja Latke has been working as a clerk in the K-East ward deputy commissioner's office in Andheri in BMC. She has put in her resignation papers a month ago, but the BMC officials have yet to approve it. Due to this stalemate, the Uddhav group is meeting BMC's senior officials to press for accepting her resignation.

For safety sake, the Uddhav faction is also considering alternative steps to be taken if the BMC will not accept the resignation in time. Its leaders are also taking a look at the legal hurdles involved in the nomination of Rutuja. Against this backdrop, the former Mayor of Mumbai Vishwanath Mahadeshwar has alleged that Chief Minister Eknath Shinde may be exerting pressure on the BMC officials not to accept Rutuja Latke's resignation.

Whereas, the BMC rules say that only an employee, who has completed at least 20 years of service can apply for resignation or voluntary retirement. This application can be approved anytime within a period of three months. But if no timely decision is taken and the employee concerned is not informed about it, the resignation application is presumed to be accepted.