The Bombay High Court on Thursday dismissed a petition by Shiv Sena (UBT) candidate Amol Kirtikar, challenging the 48-vote win of Shiv Sena nominee Ravindra Waikar in the Mumbai North-West Lok Sabha constituency. Justice Sandeep Marne, presiding over the case, declared the allegations brought forward as “vague” and lacking in sufficient cause for action, leading to the rejection of the petition.
Amol Kirtikar had sought the court’s intervention to overturn the election results from June, which saw him lose to Ravindra Waikar by the narrowest margin recorded in Maharashtra’s recent elections. Kirtikar’s plea included demands to nullify Waikar’s election and have himself declared as the duly elected MP, citing alleged discrepancies during the vote counting process on June 4.
In his detailed ruling, Justice Marne emphasized the necessity for clear and substantive allegations to advance an election petition to trial. “The election petition does not disclose a cause of action for making out any of the ground and therefore cannot be taken to trial and is liable to be rejected,” he stated.
The court noted Kirtikar’s failure to provide necessary pleadings that disclosed a cause of action, describing the averments in the petition as too vague to warrant a trial. Kirtikar had alleged serious lapses by election officials, including the improper handling of votes by 333 impersonators, which he claimed materially affected the election outcome. He also criticized the returning officer’s conduct during the vote count as “high-handed” and “arbitrary.”
