Bombay HC rejects plea claiming discrepancies in 2024 Maharashtra polls

Mumbai (Maharashtra) [India], June 26 (ANI): The Bombay High Court on Wednesday dismissed a petition that alleged bogus voting and had sought setting aside the results of the 2024 Maharashtra Assembly elections.

A Division Bench comprising Justice GS Kulkarni and Justice Arif S Doctor rejected the petition filed by Mumbai resident Chetan Ahire, who had challenged the validity of the election results based on votes allegedly polled after the stipulated 6 pm deadline.

Pronouncing its order after reserving it earlier this week, the court said: “We have no manner of doubt that this writ petition needs to be summarily rejected. It is accordingly rejected. The hearing of this petition has practically taken the whole day, leaving aside our urgent cause list, and for such reason, the petition would certainly warrant dismissal with costs; however, we refrain from doing so." 

The petition, argued by advocate and political leader Prakash Ambedkar, alleged that a total of 76 lakh votes were polled after 6 pm on November 20, 2024, the day of polling in Maharashtra.

It further claimed that this unusually high number of late votes had a decisive impact on as many as 90 assembly constituencies.

However, during the hearing on Monday, the bench posed critical questions to the petitioner's counsel, asking, "Is this the first time votes were polled after 6 pm in any election?

"The court also questioned why no challenge had been brought in relation to the Lok Sabha elections, where similar voting patterns reportedly occurred.

Responding to the bench's queries, counsel for the Election Commission of India and the Union Government clarified that polling beyond 6 pm is not an irregularity but a routine feature of Indian elections.

"The whole basis on which the petitioner intends to prosecute this petition is vague, ambiguous, and is in the realm of disputed questions of fact. There is not an iota of material whatsoever that there is a difference between the votes that were cast and the polled votes, as sought to be vehemently canvassed by the petitioner. On such specious pleas, the petitioner cannot call upon the High Court to delve into the merits of the petitioner’s contentions as such contentions can be entertained on merits only if the Court assumes jurisdiction," the ECI counsel said.

Voters who are present in the queue by the scheduled closing time are legally permitted to cast their vote, which often leads to extended polling hours, the counsel said.

The court found no grounds to intervene to annul the results of an entire state election.

The High Court observed that at every polling station, there are several precautions provided by the ECI to strictly adhere to the fair procedure of the elections.

“There is nothing on record that at any polling station in the State of Maharashtra, any untoward incident/fraud had taken place,” it noted.

"We are also of the opinion that although such farcical claims are made on the purity of the process of the elections of the State Assembly, and more particularly in the context of the electronic voting machines (EVM) and a need to discard such system of voting to be replaced by a traditional method of voting by ballot papers, such plea of the petitioner, appears to be in absolute desperation. This is more particularly in view of the settled principles of law on the use of EVMs, which are held to be legal and valid by the Supreme Court, the court added

It said that a petition under Article 226 cannot be maintained on grounds of political opinions or on unsubstantiated newspaper reports. 

“We wonder as to how the petitioner can have a locus standi to seek such wide, sweeping and drastic reliefs to question the entire elections of the State Legislative Assembly. It is a relief, too far fetched, that too on the basis of no cause of action as the facts clearly demonstrate,” it said. (ANI)