Bharat Khimji Shah, a candidate from the Mumbai North West Constituency representing the Hindu Samaj Party, approached the Bombay High Court on Friday, seeking to nullify the election victory of Shiv Sena (Shinde faction) leader Ravindra Waikar. Shah's petition claims Waikar's win was the result of fraud.
The petition urges the court to summon the relevant records and proceedings from the Election Commission of India (ECI) and, after reviewing their legality, "hold and declare the counting of votes and the declaration of results of the 27-Mumbai North West Constituency dated 04/06/2024 as void."
The parliamentary elections took place on May 20 in Mumbai, with results declared on June 4. Waikar emerged victorious by a narrow margin of 49 votes after a recount. Initially, Amol Kirtikar of the Shiv Sena (UBT) was declared the winner. However, following the recount, Waikar was named the winner.
Shah's plea, filed through advocate Asim Sarode, alleges significant irregularities during the vote counting at NESCO in Goregaon. It claims Waikar’s daughter, Prajakta Waikar-Mahale, was inside the polling center using a mobile phone belonging to Dinesh Gurav, a temporary staff member of the Mumbai suburban district election office. She was reportedly sitting just two feet from Returning Officer Vandana Suryavanshi.
Despite Shah's verbal complaints to the ECI staff, no action was taken. Subsequently, a complaint was filed in the name of a tehsildar, listing Shah as a witness. Additionally, Mangesh Pandilkar was allegedly seen inside the polling center using a mobile phone, purportedly to generate an OTP for unlocking the EVM to count the postal ballots.
The plea further alleges that a police officer present at the site received frequent phone calls from Waikar. Shah contends that the vote counting process was neither "free and fair" as required by the Representation of People’s Act nor in line with the Model Code of Conduct issued by the ECI.
"The Petitioner thinks that Mr. Ravindra Waikar is a person whose election win is significantly tainted and prima facie under the cloud of some conspiracy-based activities done in an organized manner," the plea asserts. It adds, "Due to this incident, some serious concerns have been further raised about the transparency in the electoral process."
