No ground to declare polygamous candidate's election null and void: Bombay HC; upholds BJP MLA's victory

Time of India

6 hours ago

Noting that polygamy cannot be a ground to unseat a legislator, the
Bombay High Court
dismissed a petition demanding to declare
BJP MLA Rajendra Gavit
's victory in the 2024 polls void, saying "honest" disclosure about his marital status doesn't violate election rules.
A bench of
Justice Sandeep Marne
observed that Gavit, a member of the
tribal Bhil community
, where polygamy is not prohibited by custom, disclosed details of both his spouses in the election affidavit, including their PAN numbers and Income Tax return status.
"There may be cases where a candidate belonging to a particular religion, in which polygamy is permitted, has contracted multiple marriages.
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"If the contention raised in the petition about impermissibility to add a column in the nomination form is accepted, then such candidates would never be able to contest any election," the bench noted in its order passed on Monday.
The petition, filed by social activist and Palghar voter Sudhir Jain, argued that Gavit's second marriage was invalid under the Hindu Marriage Act and that listing his second wife,
Rupali Gavit
, amounted to a false declaration.
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However, Gavit contended that his disclosure was voluntary and truthful.
He asserted that there is no legal bar on a candidate providing such voluntary information, particularly when rooted in a tribal custom that allows polygamy.
The
high court
stated that Gavit has two spouses and accordingly disclosed related details, including their PAN cards and the status of filing
income tax returns
.
"The respondent (Gavit) has made true and honest disclosure about details of PAN and status of filing of Income Tax Returns of both his spouses in the form.
"Mere addition of a column to make a true and honest disclosure of information would not attract a ground for challenging the election," the court said.
Gavit contended that there is no prohibition or restriction on a candidate from making any voluntary disclosure of information.
The declaration of Rupali Gavit being his second wife, in fact, depicts his honesty, he stated.
Gavit claimed polygamy is permitted in the Bhil community where there is no restriction on second marriage.
The bench stated there was no averment in the petition as to how such disclosure violates the Election Rules.
"The act of the candidate of adding a column in the form to make a true and honest disclosure of the information would neither render the nomination form defective nor would amount to a violation of provisions of the Election Rules," Justice Marne said.
The bench said it was not necessary to delve into the validity of the second marriage at this stage.