Bombay HC issues summons to newly elected Shiv Sena MP Ravindra Waikar on election plea filed by Amol Kirtikar    

The Bombay High Court on July 29 issued summons to newly elected Shiv Sena MP Ravindra Waikar on an election petition filed by Shiv Sena (UBT) candidate Amol Kirtikar challenging Mr. Waikar’s election from the Mumbai North-West constituency in the Lok Sabha 2024 election. 

Single Bench judge Justice Sandeep Marne issued summons to Mr. Waikar and 19 other respondents in the case who were the remaining candidates from the same constituency and has posted the matter for September 2.

Mr. Kirtikar, who lost to Mr. Waikar by a mere margin of 48 votes, alleged that there were several lapses on the counting day. He further claims in his petition that the election officers on duty did not permit him to file an application on the recounting of votes. He also alleged that mobile phones were allowed in the counting area. Mr. Waikar got 4,52,644 votes whereas Mr. Kirtikar received 4,52,596 votes. Mr. Kirtikar demanded that he be declared elected from the constituency and Mr. Waikar’s win should be declared as null and void.  

Advocate Amit Karande, representing Mr. Kirtikar, stated in the petition, “The high-handed hastiness and palpable arbitrariness on the part of the Returning Officer can also be seen from the act that she completely ignored provisions of the 2023 Handbook, which provides for a candidate’s right to file for a second recount, particularly when the margin between the first two candidates is narrow. In the present case there could not have been a narrower margin than 1 vote.”  

‘Systematic effort’

Mr. Karande argued, “A systematic effort has been made to defeat the election petitioner [Amol Kirtikar], who despite all odds has secured 1 vote more than the returned candidate at the end of the counting of EVM votes, while the tendered votes according to Form 17-C (Part- I) number 333. There were various glaring and serious lapses on the part of the election officials deputed to carry out the counting process, which have resulted in the result of the elections being materially affected.”  

In June this year, Bharat Shah, who contested as a candidate from the Hindu Samaj Party, from the same constituency, had filed a similar petition against Mr. Waikar. On his plea, the High Court last week asked him to file an election petition and seek the hearing before an appropriate Bench. So far, two such petitions have been filed against Mr. Waikar.