Rutuja Latke, the candidate of 'Shiv Sena Uddhav Balasaheb Thackeray' party for the upcoming Andheri (east) bypoll, on Wednesday moved the Bombay high court seeking a direction to the Mumbai civic body to accept her resignation as its employee.
The petition will be heard on Thursday.
In her petition, Rutuja Latke said the delay by the civic body in issuing a letter or order (accepting her resignation) appears to be deliberate to prevent her from contesting the November 3 byelection.
She also requested the HC to allow her to file a nomination for the byelection, necessitated by the death of her husband and sitting MLA Ramesh Latke.
The last date for submitting the nomination for the bypoll is October 14.
Rutuja Latke, however, has not mentioned the party she wants to file the poll nomination.
Separately, Rutuja Latke has maintained that she will contest the bypoll on the Thackeray faction's 'mashaal' symbol.
Her counsel Vishwajeet Sawant mentioned the petition before a division bench of Justices Nitin Jamdar and Sharmila Deshmukh and sought an urgent hearing.
The bench said it would hear the petition on Thursday.
The petition stated the Brihanmumbai Municipal Corporation's conduct was 'arbitrary, illegal and mala fide' and that the civic body was duty-bound and obligated to accept her resignation.
'That the delay on the part of the respondents (BMC) in issuing a letter/certificate/order appears to be deliberate to prevent the petitioner from contesting the byelection,' it added.
Rutuja Latke urged the HC to direct the BMC to accept her resignation and issue an order forthwith and to permit her to file her nomination.
According to her petition, Rutuja Latke has been employed with the BMC since 2006 and she intends to contest the byelection.
'On October 3, the petitioner submitted her resignation to the BMC and has complied with all formalities. But till date, the BMC was withholding its acceptance of her resignation and not issuing appropriate orders,' the plea said.
According to the Election Commission's rules, Rutuja Latke cannot file her nomination to contest an election until her resignation is accepted, as she cannot hold an office of profit from the government.
This is the first bypoll the splintered Shiv Sena led by Thackeray will contest on its new symbol, the 'mashaal' (flaming torch).
Rutuja Latke on Wednesday told reporters that she had not met chief minister Eknath Shinde. She maintained that she will contest the bypoll on the 'mashaal' symbol.
The Congress and the Nationalist Congress Party have pledged support to the 'Shiv Sena Uddhav Balasaheb Thackeray' party, making Rutuja Latka the Maha Vikas Aghadi (MVA) candidate.
The BJP is likely to field Murji Patel.
The stand of the Shinde faction, now called 'Balasahebanchi Shiv Sena', on contesting the bypoll is not clear yet. PTI SP
NSK
