Latest news with #Gavit
Time of India
2 hours ago
- Politics
- Time of India
HC: Can't void tribal MLA's win over 2nd wife's name in affidavit
Mumbai: Observing that Shiv Sena MLA Rajendra Gavit, who belongs to the tribal Bhil community, "candidly and honestly" disclosed information regarding his second marriage on his affidavit for the assembly election last year, Bombay HC on Monday dismissed a plea to declare his win void. Tired of too many ads? go ad free now "The addition of a column for giving particulars of income and income tax of spouse No. 2 in the affidavit does not constitute a valid ground of challenge," said Justice Sandeep Marne. Sudhir Jain, an activist from Palghar, an ST reserved seat, objected to the addition of the column 'spouse No. 2' in Gavit's affidavit filed in form 26 along with his nomination form. Gavit named Rupali Gavit as his second wife. Jain contended that Gavit's second marriage is void under Hindu Marriage Act (HMA) and, therefore, his declaration about Rupali is false. Such disclosure was not only incorrect but also against the prescribed format under the Conduct of Election Rules, he said. It rendered the nomination form defective and void under Section 100 of Representation of the People Act, said his petition. Jain said under Section 33B, candidates are required to disclose information only under the Act and Conduct of Election Rules. Senior advocate Neeta Karnik, for Jain, said there can be no room for tinkering with the format. Gavit's advocate, Nitin Gangal, said he made a true and honest disclosure of his second marriage. Also, while SC struck down Section 33B, it did not restrict a candidate from making any voluntary disclosure besides the given format, he said. Agreeing with him, Justice Marne said, "Mere disclosure of information in addition to the one required in the prescribed format would not ipso facto render nomination to be defective. Tired of too many ads? go ad free now " Gangal argued that HMA does not apply to tribals, and that the Bhil community that has a custom of polygamy. Karnik said the false declaration of the second marriage was made to exert undue influence on tribal voters since Rupali was from the local tribal community. Justice Marne said the issue is whether there is falsity in Gavit's claim and disclosure of the second marriage by adding a column in the form 26 affidavit would attract Section 100. "The answer to the question would emphatically be in the negative," he added. Justice Marne said there may be cases where a candidate belongs to a religion that does not prohibit polygamy. "If the contention of the petitioner about the impermissibility to add a column in the form 26 affidavit is accepted, such a candidate would never be able to contest any election as disclosure of information about an additional wife would attract Section 100." He disagreed with Karnik that prohibition under HMA would automatically render Gavit's disclosure of his relationship with Rupali to be false. He said it was necessary for Jain to state in the petition that Gavit's second marriage did not occur, adding: "The petitioner, in fact, admits the fact... that Rupali Gavit is the second wife of the respondent." Jain's plea also didn't state how by adding a second spouse's name the poll result was materially affected, he said. Neither was there a pleading on how undue influence was exerted on voters, he added.
Indian Express
7 hours ago
- Politics
- Indian Express
HC upholds BJP MLA's victory, says ‘honest' disclosure of second marriage won't flout rules
Dismissing a plea against election of BJP MLA Rajendra Gavit for Palghar (ST) constituency in 2024 Assembly polls, the Bombay High Court on Monday, observed that his 'honest and candid' disclosure about his second marriage, which is permissible in his community, would not flout election rules. The HC passed an order on a petition filed by one Sudhir Brijendra Jain, a social activist from Palghar seeking a declaration that Gavit's election was void based on his declaration in Form number- 26 filed along with his nomination naming one Rupali Gavit as his 'spouse No. 2' was false. Jain had claimed that Gavit's marriage was void under the Hindu Marriage Act, 1955, which prohibits bigamy. Gavit, a member of the Tribal Bhil community, had contended that the custom of polygamy exists in the said community and second marriage is permissible. A single-judge bench of Justice Sandeep V Marne noted that 'there may be cases where a candidate belonging to a particular religion, in which polygamy is not prohibited, has contracted multiple marriages.' Jain had claimed that Gavit's declaration amounted to 'corrupt practice' and his election was set aside under provision of Representation of People Act, 1951. He alleged that the declaration was made to exert undue influence on Scheduled Tribes (ST) voters in the constituency since Rupali belonged to the local tribal community. Justice Marne noted that the petitioner failed to establish that any statement made by Gavit in his affidavit in Form 26 and disclosure of second marriage by adding a column in Form-26 is false. The HC added that there were 'no pleadings (in the plea) to establish undue influence on voters with their free exercise of electoral right on account of respondent Rajendra Gavit disclosing his second marriage with Smt. Rupali Gavit.' The Court observed, 'On the contrary, Respondent (Rajendra Gavit) has candidly and honestly disclosed information relating to his second marriage with Smt. Rupali Gavit. In my view, therefore Petitioner has failed to disclose real cause of action for challenging the election of the Respondent,' the HC noted. 'In my view, therefore, mere addition of a column in Form 26 Affidavit would not attract a ground for challenging the election. Thus, no ground under Section 100(1)(d)(i) or (iv) of 1951 Act is made out in the pleadings raised in the election petition, warranting its dismissal,' Justice Marne held.
Time of India
13 hours ago
- Politics
- Time of India
No ground to declare polygamous candidate's election null and void: Bombay HC; upholds BJP MLA's victory
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. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Cardiologist Reveals: The Simple Morning Habit for a Flatter Belly After 50! Lulutox Undo "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. Live Events 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.
India Today
15 hours ago
- Politics
- India Today
Shiv Sena candidate's election upheld, court rejects plea against 2nd spouse mention
The Bombay High Court has dismissed a petition challenging the election of Shiv Sena MLA Rajendra Dhedya Gavit, who won the election from Palghar Assembly constituency in Maharashtra due to his second petition was filed by one Sudhir Jain, who is a voter from 130-Palghar Assembly Constituency, which is reserved for the Scheduled Tribe. Jain claimed that he is a social activist from Palghar, who raised an objection to Gavit's declarations in the Affidavit in Form-26 filed along with the nomination was the tribal development minister in the Congress-NCP alliance government. In 2018, he joined the BJP before the Palghar Lok Sabha seat bypoll, and won the same. In 2019, he joined the BJP's alliance partner, Shiv Sena, to contest from Palghar. Jain alleged that Gavit named Rupali Gavit as his second wife, which is not only incorrect but also against the format of Form-26, as second marriages are void under the provisions of the Hindu Marriage Act. Senior Advocate Neeta Karnik, appearing for Jain, argued that there is no provision for making any declaration of a second spouse and thus, the addition of an extra column by Gavit to add the name of his second spouse, is in violation of Rule 4A of the election was first married to Usha Gavit, and then he married Rupali Gavit. Both his spouses have filed income tax Nitin Gangal, appearing for Gavit, said that the mere addition of a column to Form-26, for the purpose of making true and correct disclosure, cannot be a ground for seeking declaration of election as void. Gangal added that "there is no prohibition or restriction on the candidate from making any voluntary disclosure of information". "That declaration of information relating to the marriage of Gavit with Rupali Gavit depicts his honesty," the lawyer further said that Section 2 of the Hindu Marriage Act, 1955 makes the provisions of the Act inapplicable to tribal persons and Gavit is admittedly one belonging to the Bhil community. Therefore, the lawyer said there is no prohibition on the performance of a second marriage. "That otherwise there is a custom of polygamy in the Bhil Community," he going through the arguments of both sides, the bench of Justice Sandeep Marne, said that "merely because Gavit made true disclosure of details of the PAN and the status of Income Tax Returns of his second spouse, it cannot be contended that there is any violation of Rule 4A of the election rules on his part".Rule 4A of the election rules relates to the form of affidavit to be filed at the time of delivering the nomination paper, the bench bench said that the act of Gavit of adding a column to the Form-26 Affidavit to make true and honest disclosure of information would neither render it defective nor would amount to violation of provisions of the election bench noted that there may be cases where a candidate belonging to a particular religion, in which polygamy is not prohibited, has contracted multiple marriages. If the contention of the petitioner about the impermissibility to add a column in the Form-26 Affidavit is accepted, such a candidate would never be able to contest any election as disclosure of information about an additional wife would attract grounds under Section 100 of the Representation of People Act. This section gives details of grounds for declaring the election to be bench, thus, concluded that "the mere addition of a column to the Form-26 Affidavit would not attract a ground for challenging the election".- EndsMust Watch IN THIS STORY#Maharashtra
Time of India
28-05-2025
- Politics
- Time of India
UBT's deputy leaderNirmala Gavit joins Shiv Sena
Nashik: Shiv Sena (UBT) experienced another setback in Nashik as Nirmala Gavit, former MLA and the party's deputy leader, switched allegiance to join Shiv Sena led by deputy chief minister Eknath Shinde . The formal joining ceremony took place in Thane on Wednesday afternoon, where deputy CM Eknath Shinde welcomed her to the party. This development follows the recent exit of former Yeola MLC Narendra Darade from Sena (UBT). Darade too joined Shiv Sena. Gavit had contested the 2024 state assembly elections as an independent candidate from the Igatpuri constituency but lost to the NCP's Hiraman Khoskar. The seat was allocated to Congress under the Maha Vikas Aghadi seat-sharing arrangement. Congress fielded Lucky Jadhav, leading Gavit to contest as an independent. Earlier, Gavit had secured victories in the Igatpuri assembly constituency in 2009 and 2014 as a Congress candidate. In 2019, she joined the then-unified Shiv Sena but faced defeat in the assembly elections. Upon joining Shiv Sena, Gavit expressed her commitment to Igatpuri taluka's comprehensive development and addressing the constituency's expectations. Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like A failing liver is taking my son away from me! Help him! Donate For Health Donate Now Undo She highlighted her focus on resolving local issues and completing pending projects in the region. A significant number of women workers from the taluka accompanied Gavit during her joining. Deputy CM Shinde confirmed the continuation of the "Ladki Bahin" scheme, announcing plans for gradual increases in the allocated amount. He promised support to Gavit for advancing proposed and pending irrigation projects in Nashik district's Igatpuri taluka.
