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The Bombay High Court on Wednesday reserved its order on an election petition filed by Amol Kirtikar, the Shiv Sena (UBT) candidate in the Lok Sabha election, against Ravindra Waikar of the Shiv Sena (Eknath Shinde) faction. Waikar had won the election from the Mumbai North-West constituency by a narrow margin of 48 votes.
Justice Sandeep Marne, who presided over the hearing, noted that the main issue in the petition concerned tendered votes. According to Kirtikar, there were 333 such 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.
Kirtikar’s advocates, Pradip Patil and Amit Karande, argued that 120 tendered votes were missing and were not counted. Patil said, “The information shows there were 333 tendered votes, and 120 of them were not counted. A recount of the votes was requested, but it was denied.”
The petition also raised other concerns. Kirtikar’s lawyers 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. “The issue was repeatedly pointed out, but no action was taken until the twelfth day, when an FIR was registered,” the advocates said. They maintained, however, that the tendered votes were the primary contention.
Representing Waikar, Advocate Anil Sakhare argued that the petition lacked merit. “There should be specific affirmations and pleadings in an election petition. The court can and should dismiss the petition in the absence of these. The petitioner has not shown how the tendered votes were in favour of the returning candidate,” Sakhare said.
The court will issue its ruling after reviewing the submissions.
Kirtikar, who lost by a narrow margin, is seeking to have Waikar’s election declared void. Waikar received 452,644 votes, while Kirtikar secured 452,596.
