Bombay High Court Reserves Verdict On Shiv Sena Election Dispute

The Bombay High Court has reserved its decision on an election petition filed by Amol Kirtikar, the Shiv Sena (UBT) candidate, challenging the victory of Ravindra Waikar from the Shiv Sena (Eknath Shinde) faction in the Mumbai North-West Lok Sabha constituency. Waikar had won the election by a slim margin of 48 votes.

Justice Sandeep Marne, presiding over the case, identified tendered votes as the central issue in the petition. Kirtikar claims there were 333 tendered votes, with 120 allegedly missing or uncounted.

What Are Tendered Votes?

Tendered votes are cast when a voter discovers that someone else has already voted in their name. As per the Indian Election Act, these votes are recorded on Form 17-B and submitted via ballot paper.

Kirtikar?s advocates, Pradip Patil and Amit Karande, argued that despite a request for a recount, it was denied. They alleged irregularities, including missing tendered votes, restricted access for counting agents, and mobile phone use inside the counting centre. An FIR addressing these concerns was reportedly filed 12 days after the issue was raised.

On the other hand, Advocate Anil Sakhare, representing Waikar, countered that the petition lacked sufficient evidence. ?The petitioner has not demonstrated how the tendered votes were in favour of the returning candidate,? Sakhare stated, urging the court to dismiss the petition for lack of specific affirmations.

Kirtikar, who secured 4,52,596 votes against Waikar?s 4,52,644, seeks to have the election results invalidated. The court will deliver its verdict after reviewing the arguments presented.