RS polls: Shiv Sena MLA Suhas Kande moves HC challenging invalidation of vote

Shiv Sena MLA Suhas Kande on Monday filed a petition in the Bombay high court challenging the invalidation of his vote cast in the Rajya Sabha elections on June 10

Shiv Sena MLA Suhas Kande on Monday filed a petition in the Bombay high court challenging the invalidation of his vote cast in the Rajya Sabha elections on June 10.

Bombay high court HT Archives

The plea sought a temporary injunction against chief election commissioner Rajiv Kumar and election commissioner Anupchandra Pandey from exercising their appellate power on an order issued in this regard on the same day.

A bench of justices S Gangapurwala and D S Thakur will hear the petition on June 15.

The petition filed through advocate Ajinkya Udane alleged that the invalidation of Kande’s vote by Kumar and Pandey after the returning officer set aside the initial objection from Bharatiya Janata Party (BJP) MPs, who were not part of the elections concerned, was an indication of prejudice against him. The BJP leaders were not the original objectors, it said, and urged the court to seek a response from the two poll officers.

The plea further said the invalidation not only damaged his reputation but was also against the process of election.

Stating that the order was passed without giving him an opportunity to be heard, Kande requested the HC to peruse the CCTV footage and audio recordings of the electoral process to ascertain whether he had acted irresponsibly as alleged in the complaint.

On June 10, the returning officer rejected a bunch of complaints filed by leaders of BJP and the ruling Maharashtra Vikas Aghadi. After the BJP leaders appealed against the order before the election commission, the two commissioners agreed with the returning officer’s conclusion in the other cases but in the case of Kande, they overruled the findings and declared his vote invalid.

“The video recording is clearly inconsistent with the above conclusion of the returning officer and the observer and the special observer and as it can be said that the MLA violated the voting procedure and secrecy of the ballot paper cast by him when he exercised his right to vote. It is clear that this is a lapse of the statutory and the rule-based scheme of ensuring secrecy of voting,” the two commissioners said.