Bombay HC directs Shiv Sena MP Waikar to file affidavit on rival's plea challenging his Lok Sabha win

The Bombay High Court on Monday directed Ravindra Waikar, a member of the Shiv Sena led by Eknath Shinde, to file an affidavit responding to a petition challenging his election as an MP in recent polls. Shiv Sena (UBT) candidate Amol Kirtikar, who lost the electoral contest against Waikar from the Mumbai Northwest Lok Sabha constituency by a margin of 48 votes, had filed the petition seeking to invalidate Waikar's election. Kirtikar requested the HC to declare him as the rightful winner.

Kirtikar filed a petition in July demanding that the HC set aside and declare as "null and void" Waikar's election as an MP, following which the high court issued a summons to Waikar.

Senior counsel Anil Sakhare on Monday appeared for Waikar before a single bench of Justice Sandeep Marne, which directed Waikar to file an affidavit responding to Kirtikar's petition.


The bench posted the matter for further hearing on October 3.

In his plea, Kirtikar contended he had requested a recount of votes on the counting day due to discrepancies. Waikar polled 4,52,644 votes and Kirtikar 4,52,596 votes in the close contest.

The Shiv Sena (UBT) leader alleged serious lapses by Election Commission officials during the counting process, which he claims materially impacted the election results.

"The Election Petitioner (Kirtikar) is aggrieved on account of the improper reception of void votes cast by 333 impersonators in place of genuine voters, along with breach of rules/orders, pertaining to the counting process, by ECI officials, which has materially affected the outcome of the election results," the plea stated.

Kirtikar also accused the returning officer of displaying "high-handed hastiness and palpable arbitrariness" during the counting process.

Additionally, Kirtikar requested the court to summon video recordings of the entire counting procedure for review.