Bombay HC Grants 4 Weeks To Ravindra Waikar To Reply On Plea By Shiv Sena (UBT) Leader Challenging His Election

The Bombay High Court on Monday granted four weeks time to Eknath Shinde faction leader Ravindra Waikar to reply on a petition by Shiv Sena (UBT) candidate Amol Kirtikar challenging his election from Mumbai’s  North-West constituency in the recently concluded Lok Sabha polls.

Justice Sandeep Marne had issued notice to Waikar on July 29. 

On Monday, Senior Advocate  Anil Sakhare appeared for Waikar and sought time to file a reply to Kirtikar's petition.  While granting four weeks to Waikar to file a reply, the HC has kept the matter for hearing on October 3. 

What Is The Petition

Kirtikar had filed an election petition on July 16 and 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.

Kirtikar had lost to Waikar by a narrow margin of 48 votes. While Waikar won with 452,644 votes, Kirtikar got 452,596. 

The plea claims that there were various glaring and serious lapses on the part of the elections officials deputed to carry out the counting process, which have resulted in the results of the elections being materially affected.

The returning officer showed "high-handed hastiness and palpable arbitrariness" at the time of the counting of votes, Kirtikar’s plea alleged. Kirtikar also sought the court to summon the video recordings of the entire counting process while hearing his plea. 

This is the second petition against Waikar's election. Last month, a petition was filed against Waikar by Bharat Shah from the Hindu Samaj Party, also a candidate from the same constituency. Shah's plea came up for hearing before another bench last week which said Shah would have to file an election petition and seek a hearing before the appropriate bench.