Bombay HC rejects plea claiming ‘discrepancies' during 2024 Maharashtra polls, ‘high percentage of votes after 6 pm'
The Bombay High Court on Wednesday dismissed a plea raising concerns over alleged discrepancies in the voting process on November 20, 2024, the polling day for the Maharashtra Assembly elections, including 'unusually high percentage of votes' cast during the final minutes and after the closing hour of 6 pm.
'We have no manner of doubt that the petition is required to be summarily rejected. It is accordingly rejected. The hearing of this petition practically has taken the whole day, leaving aside our urgent cause list and for such reason it would certainly warrant dismissal with costs. However, we refrain from doing so,' the high court held.
The bench of Justices Girish S Kulkarni and Arif S Doctor passed the order on a writ plea by city resident Chetan Chandrakant Ahire who claimed that over 75 lakh votes were polled after the official voting time of 6 pm, and several discrepancies were found in over 90 constituencies where the number of votes counted did not match with those polled, and there was no transparency in the process.
The high court had on Monday concluded the hearing on contentions related to the maintainability of the plea and had noted that it will pass an order on Wednesday, June 25.
The plea sought directions from the court to the Election Commission of India (ECI) to disclose the exact number of tokens distributed to voters after 6 pm at each polling station, and the total tokens distributed across all constituency segments. It also sought a declaration of the total votes cast and polled after 6 pm, and in the end sought that results declared by the respective returning officers (ROs) of each Assembly constituency be made 'null and void' due to non-compliance of norms and procedural lapses. The plea also sought immediate withdrawal of the election certificates issued by such ROs.
Advocate Prakash Ambedkar, representing Ahire, on Monday argued that there was no transparent system for recording or verifying the authenticity of the 75 lakh votes and the ROs failed to comply with the guidelines in the ECI's 'handbook' for conducting elections and did not report discrepancies to the ECI.
The bench queried whether the practice of coupons or tokens being given to those who voted beyond 6 pm was followed during the Lok Sabha elections and asked what was the difference during Assembly elections. 'Why did you not contend this during the Lok Sabha elections? Is that your case that the said practice (of giving coupons or tokens) was always available, but was not during Assembly elections? Is it a standard practice, and how was there a departure this time (Assembly elections) from earlier practice? That statement is not there in your petition. That's the whole thing,' the bench stated.
Ambedkar said that while the statement concerned was not there in the petition, the apprehension was that those elected were not chosen through a free and fair election as it was manipulated with the 'deceit' by officials. 'A fraud on the Constitution cannot be allowed to remain,' Ambedkar argued, claiming that the ECI should come forward with documents to restore the shaken faith of commoners.
The bench said that it was a grey area as to who got the votes polled after 6 pm. 'It may be the case that a single vote was not cast in favour of an elected candidate. How do we know? This is all uncertain.'
Senior advocate Ashutosh Kumbhakoni, representing the ECI, however, raised preliminary objection on the maintainability of the plea stating that the petitioner had no locus standi (legal standing) to approach the court, the elected candidates were not made party to the plea, and the election cannot be set aside 'behind their back'. He added that the elections were conducted as per due procedures across over 1 lakh polling booths in 288 constituencies in Maharashtra.
Advocate Uday Warunjikar, representing the central government, opposed the writ plea claiming that the petitioner could have filed a Public Interest Litigation (PIL) as he did not contest the elections or an election petition could have been filed within 45 days since the declaration of results by a candidate, however, the said period is over.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
&w=3840&q=100)
Business Standard
19 minutes ago
- Business Standard
EC to review voters' lists in six states to weed out illegal immigrants
As part of the intensive review, poll officials will carry out house-to-house verification to ensure an error-free voters' list, starting immediately with Bihar Aman Sahu New Delhi The Election Commission of India (ECI) is set to carry out an intensive review of electoral rolls — that is, the voters' list — this year in six states, beginning with Bihar, to eliminate illegal foreign migrants by checking their place of birth, according to a report from news agency PTI. Assembly elections are scheduled in Bihar later this year, and in five other states — Assam, Kerala, Puducherry, Tamil Nadu, and West Bengal — in early 2026. The move follows crackdowns in various states on illegal immigrants into India, including those from Bangladesh and Myanmar. Eventually, the poll authority will begin special intensive revision across the country 'for the discharge of its constitutional mandate to protect the integrity of the electoral rolls'. In view of the Assembly elections in Bihar, the ECI has decided to conduct its special intensive revision in the state immediately. The last such exercise for the state was conducted in 2003. The terms of the legislative Assemblies of Assam, Kerala, Puducherry, Tamil Nadu, and West Bengal end in May–June next year, and a comprehensive review of the electoral rolls in these states will commence by the end of this year, ECI officials told PTI. Amid allegations by opposition parties that the election body has manipulated voter data to help the BJP, the poll panel has taken additional steps during the revision process to ensure illegal immigrants are not enrolled in the voters' list at any stage. An additional 'declaration form' has been introduced for a category of applicants seeking to become electors or shifting from outside the state. They will have to prove that they were born in India before 1 July 1987, and provide documents establishing date of birth and/or place of birth. One of the options listed in the declaration form is for those born in India between 1 July 1987 and 2 December 2004. They will also have to submit documents verifying the date/place of birth of their parents. The ECI said multiple reasons — such as rapid urbanisation, frequent migration, young citizens becoming eligible to vote, non-reporting of deaths, and inclusion of names of foreign illegal immigrants — have necessitated the revision to ensure integrity and preparation of error-free electoral rolls. While conducting the revision, the EC will scrupulously adhere to the constitutional and legal provisions regarding eligibility to be registered as a voter as well as for disqualifications for registration in an electoral roll, which are clearly laid down in Article 326 of the Constitution and Section 16 of the Representation of the People Act, 1950, respectively, the poll authority said.
Indian Express
36 minutes ago
- Indian Express
Cong: Decision to impose Emergency in 1975 constitutional, undeclared Emergency now
Maharashtra Congress chief Harshavardhan Sapkal on Wednesday termed the decision to impose the Emergency in 1975 'constitutional' and targeted the ruling BJP, claiming that there is an 'undeclared Emergency' in the country for the past 11 years. Sapkal's remarks came on a day which marked 50 years of the Emergency Proclamation, as part of which the BJP held programmes and press conferences across the country targeting the Congress. The state Congress president questioned whether the stand of former RSS chief Balasaheb Deoras, who supported the Emergency, is now unacceptable to BJP. 'The decision to impose Emergency in 1975 by Prime Minister Indira Gandhi was constitutional. Certain forces were attempting to create chaos in the country. Later, the Emergency was lifted, elections were held, and democratic processes were restored,' Sapkal said. 'During the Emergency, Indira Gandhi didn't sell the country's assets or hand over public sector enterprises to industrialists. But for the past 11 years, there has been an undeclared Emergency in the country. Airports, ports, mines, banks, and government lands are being sold off to favoured industrialists. Even Dharavi's land has been sold. Today, dictatorship prevails, and the BJP's insatiable hunger for power is threatening democracy,' the Congress leader alleged. Sapkal questioned how Sengol can replace the national emblem in government advertisements. 'The BJP government has splurged crores on advertisements around the Emergency. In these government ads, the national emblem is missing, replaced by the Sengol. The BJP wants to dismantle democracy and the Constitution and implement Golwalkar's 'Bunch of Thoughts',' alleged Sapkal. Maharashtra Congress's official publication Janmanasachi Shidori released a special Emergency edition — featuring articles by Indira Gandhi, Pupul Jayakar, senior journalist and former RS MP Kumar Ketkar, Sena UBT MP Sanjay Raut, among others — to counter the 'BJP's false narrative' about the Emergency, Sapkal said.
Time of India
37 minutes ago
- Time of India
Congress has always disregarded Constitution: Anurag
Motihari: Former Union minister Anurag Thakur said on Wenesday here Indira Gandhi had imposed Emergency in the country and crossed all the limits of tyranny and kept the Constitution at bay. Addressing a meeting of BJP Yuwa morcha, he said it has been 50 years since the dark chapter of that brutal day. "Her descendant Rahul Gandhi keeps the Constitution in his pocket. The Congress has always disregarded the Constitution. The oppressive policies, power hungry and dictatorial mindset of the Congress had put an indelible stain on Indian democracy on June 25, 1975," he said. He added that the ego of one family and one person was placed above the interest of the country during the Emergency. He expressed his gratitude to all the sentinels of democracy who raised their voices against the Emergency and opposed the repressive policies of the Congress by enduring torture. He also lambasted RJD chief, Lalu Prasad, for disrespecting Baba Saheb B R Ambedkar. "People of Bihar will never forgive Lalu and his clan, who are dreaming of usurping the power in Bihar," he said. Anurag also inaugurated the Emergency memorial exhibition based on the horrors of the period at Atal park at Court Chowk in town. He along with former minister Radha Mohan Singh visited the exhibition.
