"Undermined Integrity Of Electoral Process": Bombay HC Denies Pre-Arrest Bail To Man Who Attempted To Replace Actual Candidate In Lok Sabha Polls

Observing that his act "undermined the integrity of electoral process and democracy" the Bombay High Court last week rejected the anticipatory bail application filed by a man, who allegedly cheated the Vanchit Bahujan Aghadi (VBA) party and filled in his own nomination form instead of the party's official candidate.

Single-judge Justice Rajesh Laddha dismissed the bail application filed by one Milind Kamble, who was entrusted with the task to fill in the AB forms for the Lok Sabha Elections, by the VBA party.

The AB forms are filled by political parties, basically informing the Election Commission about whom the party nominates to contest on their ticket from a constituency. In the instant case, the petitioner Milind Kamble, when given the task to hand over the AB forms to the Election Commission. He noted that the actual candidate of the VBA also was one Milind Kamble and the only difference was of their fathers' names. Thus, taking advantage of this situation, the accused Milind Kamble entered his own father's name in the AB form.

However, the issue came to light after the actual Milind Kamble, the candidate of the VBA submitted his nomination form with the Returning Officer, only to learn that the AB form of the VBA party is not in his name. The actual candidate, therefore, lodged a case against the Petitioner, who moved the High Court seeking pre-arrest bail.

Considering the facts of the case, Justice Ladhha in his August 22 order, noted,

"India's electoral process is a vibrant and resilient mechanism that upholds the core democratic principles of freedom, fairness and transparency, serving as the foundation of the world's most populous democracy. It reflects the people will and reinforce representative governance."

The candidate selection process, the judge emphasised, allows political parties to choose their preferred candidates for the ballet paper, guided by internal rules and procedures, with an expectation of transparency and fairness.

"However, in the present case, the applicant's actions undermined the integrity of the electoral process, a fundamental pillar of democracy. Considering the gravity of the offence, its far reaching impact on society, and the ongoing investigation, this Court is not inclined to exercise its discretion in favour of the applicant. The custodial interrogation of the applicant would be necessary to uncover the truth. As a result, the application stands rejected," the judge observed.

With these observations, the bench dismissed the pre-arrest bail application.

Appearance:

Advocate Prakash Wagh and VK Khandare appeared for the Applicant.

Additional Public Prosecutor Swapnil Pednekar represented the State.

Case Title: Milind Kashinath Kamble vs State of Maharashtra (ABA/2365/2024).

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