Shiv Sena MLA Suhas Kande on June 13 moved the Bombay High Court challenging the decision of the Election Commission of India (ECI) declaring his vote as invalid in the Rajya Sabha elections held on June 10.
Mr. Kande, 46, filed a petition through advocate Ajinkya Udane, aggrieved by the ECI order which caused prejudice to his dignity and reputation. The plea relied upon the provisions of the Representation of the People Act as well as the conduct of election rules and urges the court to take a look at the handbook for returning officers.
The petition says that “Yogesh Sagar, BJP MLA, has alleged that Mr. Kande showed his ballot paper to the whip of another political party. This is not true and that Mr. Kande had shown his ballot paper only to Sunil Prabhu and no other whip.”
Mr. Kande contended that no notice was given to him and without seeking his response, the ECI thought it fit to interfere with the decision taken by the election officer and held his vote invalid. The petition wants the court to quash the ECI’s decision.
A Division Bench of Justices S.V. Gangapurwala and D.S. Thakur said it would hear the petition on June 15.
In the fiercely-contested polls for total six seats from Maharashtra on Friday, Shiv Sena’s Sanjay Pawar lost to BJP’s Dhananjay Mahadik — its third nominee. The Shiv Sena and its allies NCP and the Congress won one seat each.
The BJP won all the three seats it had contested.