High Court Denies Permission To Political 'Aspirants' To Contest Maharashtra Polls Due To Conviction For Damaging Public Property

The Bombay High Court recently while refusing to suspend the sentence of three 'aspirants' who sought to contest the upcoming Maharashtra Assembly Elections, noted that though they were 'politically ambitious' on becoming public representatives, but they were punished for damaging public property itself.

Sitting at Aurangabad, single-judge Justice Abhay Waghwase refused to permit three persons - Mahesh Khedkar, Anusayabai Khedkar (son and mother) and Datta Kokate to contest the upcoming assembly elections, by suspending the sentence of five years imprisonment, imposed on them by a Sessions Court in Nanded on April 11, 2023.

"Applicants who are politically ambitious and keen of becoming public representative, are precisely held guilty for disrupting public transport system and damaging public property itself. Thus, as no case is made out for grant of relief as prayed, applications deserve to be rejected," the judge said in the order passed on October 24.

The bench was hearing criminal applications filed by the Khedkar son and mother and also co-accused Kokate, all of whom claimed to be political activists. They were convicted in a case dating way back in June 7, 2008, when they along with 20 to 25 other political activists, staged a demonstration and while doing so, damaged a Maharashtra State Road Transport Corporation (MSRTC) bus with arms, sticks, wooden poles, iron rod etc. The protestors, who damaged the bus were aggressively led by the present applicants, the judge noted. 

The court further took into account the fact that some police personnel were also injured in the incident. 

In their applications, the trio argued that they were political activists and thus, their sentence of five years must be suspended for the time being as the same would bar them from exercising their statutory right to contest elections. They pointed out that if their sentence is not suspended, they would be disqualified from contesting as per the provisions of the Representation of People Act, 1951.

The contended that a 'prominent' political party is likely to give them tickets for contesting elections and thus, the same must be kept in mind and their sentences must be suspended.

However, Justice Waghwase noted that the stay to conviction and suspension of sentence is permissible only in 'rarest of rare cases' and that before exercising such powers the appellate court must be convinced and made aware of the consequences which would ensue if conviction are not stayed. In short, it has to be demonstrated that, if relief of stay is not granted, applicant would suffer such irreparable loss that cannot be made up and situation cannot be reversed. the court noted.

"At this juncture, it is only the aspiration of applicants to contest election. No concrete material has been placed on record to demonstrate that they are chosen as a candidate by a particular political party to contest the election. Therefore, for such reason also, mere eventuality or likelihood of getting candidature, does not fit in the legal requirements of rarest of the rare case calling upon indulgence of appellate court to stay the very conviction. In a way, present applications are virtually premature," the bench said.

This Court, the judge expressed, is not convinced about existence of exceptional case or case to be rarest of the rare one necessitating indulgence to stay the very conviction. And therefore, rejected the applications.

Appearance:

Advocates RR Karpe and Shailendra Gangakhedkar appeared for the Khedkar Mother-Son.

Advocate Abhaysinh Bhosle appeared for Kokate.

Additional Public Prosecution NB Patil represented the State. 

Case Title: Mahesh Khedkar vs State of Maharashtra (Criminal Application 3293 of 2024)

Citation: 2024 (LiveLaw) Bom 596

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