Uddhav Faction Candidate Moves Bombay High Court Challenging Election Of Shinde Faction MP Ravindra Waikar

Kirtikar, a candidate from the Shiv Sena (Uddhav Balasaheb Thackeray faction) has sought a declaration against the election of Waikar from the Mumbai North-West Constituency and instead seeks to declare him as a winning candidate.

Kirtikar, who lost by a mere margin of 48 votes has alleged several lapses on part of the Election Officers such as not permitting him to file an application for recounting of votes, permitting use of mobile phones in the counting area, allowing impersonators to cast 333 votes etc.

"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 re-count, particularly when the margin between the first two candidates are narrow. In the present case there could not have been a narrower margin than 1 vote," the petition states.

Citing various lapses on part of the officials, the petition filed through Advocate Amit Karande states that the same clearly go on to show that a "systematic effort has been made to defeat the Election Petitioner (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."

The petition reads, "There were various glaring and serious lapses on the part of the Elections Officials deputed to carry out the counting process, which have resulted in the result of the elections being materially affected."

Therefore, the petitioner has sought to declare Waikar's election as null and void.