Mumbai: The Bombay High Court on Thursday dismissed the election petition filed by Amol Kirtikar, Shiv Sena (UBT) candidate in the Lok Sabha election, challenging the victory of Eknath Shinde faction’s Ravindra Waikar from the Mumbai North-West constituency.
Kirtikar had lost to Waikar by a narrow margin of 48 votes. While Waikar won with 452,644 votes, Kirtikar got 452,596.
The election petition filed by Kirtikar on July 16 urged the high court to set aside Waikar's election as the member of parliament from Mumbai North-West constituency and to declare the same as “null and void”.
Kirtikar has further sought that he be declared as the duly elected candidate from the said constituency. His plea claims that he has sought a recount of the votes on the counting day itself as there was a discrepancy.
“I am therefore of the view that Petitioner has failed to ensure strict compliance with the requirements of statutory provisions. There is non-compliance with provisions of Section 83(1) (a) of the RP Act…,” Justice Sandeep Marne said.
The judge further added: “Election Petition does not disclose cause of action for making out any of the ground… and therefore Election Petition cannot be taken to trial and is liable to be rejected.”
Kirtikar had raised the dispute over tendered votes. Tendered votes are cast when a voter finds that someone else has already voted in their name. Under the Indian Election Act, these votes are submitted using Form 17-B and are recorded on ballot paper.
According to Kirtikar, there were 333 such votes. His advocates submitted that 120 tendered votes were missing and were not counted. The plea alleged that some of his counting agents were not allowed to sit at counting tables, and mobile phone use was observed within the counting centre. However, Waikar’s counsel Anil Sakhare argued that the petition lacked merit.
