SC Stays Bombay HC Verdict That Held M’rashtra Minister Arjun Khotkar‘s Election ‘Void’ [Read Order]

The Supreme Court has stayed the Bombay High Court judgment that declared election of Shiv Sena MLA and Maharashtra Minister Arjun Panditrao Khotkar from Jalna Legislative Assembly Constituency ‘void’.

The three-judge bench headed by Chief Justice of India Dipak Misra, hearing the senior counsel Harish Salve who appeared for Khotkar, listed the case for final disposal in first week of March, 2018.

The Aurangabad bench of the Bombay High Court had set aside the election on the ground that nomination was filed belatedly and the original affidavit was not filed along with the form. The court had also observed that two nomination forms filed by Khotkar is invalid as they were filed beyond 3 pm.

Senior advocate Kapil Sibal, who appeared in the case, for the Election petitioner Kailash Kishanrao Gorantyal, submitted before the court that since there is enough evidence on record to come to a definite conclusion that the nomination papers were not submitted within time, the judgment ought not to be interfered with.

Hearing both the senior counsel, the court observed: “After bestowing our anxious consideration on the submissions canvassed and upon careful scrutiny of the impugned judgment, we are of the considered opinion, it is a fit case where the impugned judgment and order should be stayed and, accordingly, it is so ordered.”

The high court, in the said case, had primarily relied on the video footage evidence and had observed that prior to 3 pm, Khotkar was not present in the passage where the intending candidates and proposers were waiting and that he only entered the office of RO first time at 3.53 pm, and after that, he handed over the nomination forms which were with him.