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Synopsis

The Bombay High Court on Thursday dismissed a petition filed by UBT Shiv Sena leader Amol Kirtikar challenging the victory of Shiv Sena's Ravindra Waikar from the Mumbai North West constituency in the 2024 Lok Sabha election.

A single-judge bench of Justice Sandeep Marne dismissed the petition filed by Kirtikar.

In the Mumbai North West seat, UBT Shiv Sena's Amol Kirtikar was initially declared the winner by a margin of 1 vote. However, Ravindra Waikar was declared the winner by 48 votes after recounting. 

The plea stated that Kirtikar is aggrieved on account of the improper reception of void votes cast by 333 impersonators in place of genuine electors, along with a breach of rules/orders, pertaining to the counting process, by ECI officials, which has materially affected the outcome of the election results leading to the Election Petitioner’s defeat by a narrow margin of forty-eight (48) votes, despite getting a total of 4,52,596 votes 

The petition also stated that the high-handed hastiness and palpable arbitrariness on the part of the R.O. can also be seen from the fact that she completely ignored Clause 15.19.6 of the 2023 Handbook noted above, which provides for a candidate’s right to file a name for a second recount, particularly when the margin between the first two candidates is narrow.

Furthermore, the petition argued that the scrutiny and counting of the tendered votes is absolutely necessary in this case, considering the fact that the Election Petitioner has got 1 vote more than the Returned Candidate after the counting of the EVM votes and the fact that there are 333 tendered votes.

Case title: Amol Gajanan Kirtikar vs Ravindra Dattaram Waikar & Ors.