Bombay High Court Dismisses Plea Challenging Election Of BJP Leaders Raosaheb Danve, Pritam Munde In 2019 Lok Sabha Polls

The Aurangabad Bench of the Bombay High Court recently rejected the election petitions challenging the elections of Bharatiya Janata Party (BJP) leaders Raosaheb Danve and Pritam Munde in the 2019 Lok Sabha elections.

Single-judge Justice Sanjay Mehare noted that the prime contention in the two election petitions against Danve and Munde was that the two leaders in connivance with the respective Returning Officers tampered the Electronic Voting Machines (EVMs) and manipulated the results of the elections.

"The cause of action is a bundle of facts. The allegations were of doing something wrong. Collusion with someone requires pleading to believe that the Returning Officers was working under the influence of respondents (Danve & Munde). Reading the pleadings of both the plaint, direct allegations were made against the Returning Officers that they were working under the influence of the winning candidates. If the applicants noticed any such mistake, immediate action had to be taken. Reading the plaint as a whole, the Court believes that the pleading is insufficient to prove the charges of securing improper votes. It does not constitute the cause of action," Justice Mehare said in the order passed on July 5.

The judge further noted that the concise statements or the pleadings in the present election petitions are not based on material facts and also it do not have any material effect on the election of the respondents. "As due to the vast difference between the votes polled to the petitioner and respondents, it is hard to accept the case of the petitioners that the election has materially affected the result," the judge held.

As per the petitions filed by one Dr Sharadchandra Wankhede and Vishnu Jadhav against Danve and Munde, respectively, the total number of polled votes and the valid votes counted were different. They contended that votes polled specifically in Danve's constituency in Jalna were around 11.97 lakh but the votes counted as valid ones were actually more than 12 lakh votes. Similar allegations were made against Munde's election from Beed constituency.

However, the counsels appearing for the BJP leaders pointed out that the petitions did not adhere to the provisions under which the election petitions are to be filed. The pleadings mentioned in the petition were vague, it was argued.

The bench, having heard the contentions, dismissed the election petitions seeking to declare null and void, the elections of Danve and Munde.

Advocates Priyendra Sontakke and Gajanan Sontakke appeared for the petitioners.

Advocates Girish Wani and Sachin Randive appeared for Danve.

Advocates Yogesh Bolkar and AB Girase represented Munde.

Advocate Alok Sharma represented the Election Commission.

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