Bombay High Court Crushes Controversy: Dismisses Plea Over Alleged Irregularities in Maharashtra Assembly Polls
On June 25, 2026, the Bombay High Court dismissed a writ petition contesting the results of the 2024 Maharashtra Assembly elections, labeling the case as a "gross abuse of the process of law." The ruling came from a Division Bench comprising Justice G.S. Kulkarni and Justice Arif Doctor, who emphasized that the petition, filed by Mumbai resident Chetan Chandrakant Ahire, lacked legal merit and standing.
Ahire, a voter from the Mumbai-Vikhroli constituency, sought sweeping changes, including the annulment of results across all 288 constituencies, revocation of election certificates issued to winning candidates, and a return to paper ballots. His main contention was that approximately 76 lakh votes were unlawfully cast after the 6 p.m. polling deadline on November 20, 2024, supported by an RTI response claiming no official data existed for those votes.
However, the Court highlighted significant procedural flaws in Ahire’s approach. Notably, he had not filed an election petition under the Representation of the People Act, 1951, nor had he communicated his grievances to the Election Commission of India (ECI) prior to pursuing the writ. "On such an extremely weak and inadequate plea, the petitioner seeks to maintain this writ petition," noted the judges, ultimately deciding to summarily reject the case.
The ruling criticized Ahire for basing his claims solely on an RTI reply obtained by journalist Venkatesh Nayak and speculative newspaper reports, which the Court found to lack authenticity. The judges expressed concern over how Ahire could seek drastic reliefs regarding a statewide electoral process without presenting credible evidence or a valid legal basis. The Court emphasized that such challenges should follow electoral statutes, under Article 329(b), which restricts questioning election outcomes to specific legal mechanisms.
Senior advocate Ashutosh Kumbhakoni, representing the ECI, reiterated that Ahire lacked the legal standing necessary for a state-wide election challenge. He pointed out that procedural missteps, including the omission of any winning candidates as parties to the case, rendered the petition non-maintainable. Advocate Uday Warunjikar, representing the Union of India, further stressed that Ahire had bypassed the required 45-day period to file an election petition and had neglected necessary legal protocols.
In its judgment, the Court found no evidence of fraud or illegal voting, asserting that Ahire had failed to demonstrate any legal grievance, stating, "We do not find ‘a scratch’ of a legal grievance, much less any legal injury." Dismissing claims that the alleged late votes invalidated the electoral outcome, the judges underscored the importance of substantiated evidence in such matters.
Despite consuming an entire day to hear the case, the Court chose not to impose costs, emphasizing that disputes concerning elections must adhere to statutory processes rather than seek remedy through writ jurisdiction without solid evidence. This decision reinforces the legal framework governing electoral disputes and reiterates the necessity for credible claims in electoral matters.
Published – June 26, 2025, 07:44 am IST
India
Original Source: https://www.thehindu.com/news/national/bombay-high-court-dismisses-plea-alleging-irregularities-in-maharashtra-assembly-polls/article69736630.ece
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Publish Date: 2025-06-26 07:44:00
