Waikar vs Kirtikar: Mum north west candidate moves HC against Waikar’s win; alleges EVM fraud

Shah, in his plea also sought direction from the ECI to probe the alleged fraud. Shah claimed initially that Kirtikar was in the lead but Waikar later emerged victorious by just 48 votes. He alleged EVMs in the constituency were utilised for “unfair practices and selective misuse”

MUMBAI: A day after Bharat Shah, a candidate from the Mumbai North West seat from the Hindu Samaj Party appealed to the Lok Sabha secretary general not to administer the oath to Shiv Sena’s Ravindra Waikar, on Friday, he moved the Bombay high court alleging malpractices and illegalities in the counting. Shah, in his plea, sought HC to declare the results of the Mumbai North West constituency as null and void.

Mumbai, India - June 4, 2024: Ravindra Waikar Candidate for Lok Sabha, Mumbai North-West constituency celebrate after winning at Nesco in Mumbai, India, on Tuesday, June 4, 2024. (Photo by Satish Bate/ Hindustan Times) (Hindustan Times)

The petition was filed through advocate Asim Sarode, a lawyer representing the Shiv Sena (UBT), who also assisted party’s Vinayak Raut of sending a notice to the Election Commission of India (ECI) seeking repoll in Ratnagiri-Sindhudurg constituency, alleging the win of BJP’s Narayan Rane through “corrupt and illegal means”.

Waikar won the poll from the constituency by just 48 votes against his nearest Shiv Sena (UBT) rival Amol Kirtikar. Shah contested as an independent candidate and received 937 out of the 9,54,939 votes polled in the constituency.

Shah, in his plea also sought direction from the ECI to probe the alleged fraud. Shah claimed initially that Kirtikar was in the lead but Waikar later emerged victorious by just 48 votes. He alleged EVMs in the constituency were utilised for “unfair practices and selective misuse”.

According to Shah, individuals associated with Waikar, including his daughter Prajakta Waikar-Mahale and relative Mangesh Pandilkar, were reportedly using mobile phones on the premises—a direct violation of electoral rules and a potential threat to the integrity of Electronic Voting Machines (EVMs).

The FIR registered at the Vanrai police station, specifically accuses Pandilkar of using a mobile phone that was allegedly connected to an EVM, raising suspicions of tampering to manipulate the vote count.

This mobile phone allegedly generated an OTP that unlocked the EVM, influencing the election results. However, Vandana Suryavanshi, returning officer of the constituency, dismissed the report as “false news” and asserted that the EVM is a standalone system, not programmable and has no wireless communication capabilities.

Shah further criticises the delayed and inadequate response from both police and electoral officials, citing mishandling of complaints and a lack of transparency in subsequent investigations. Allegations include the failure to promptly seal the implicated mobile phone and the withholding of requested CCTV footage, which have compounded concerns of a deliberate cover-up.

In his plea under Article 226 of the Indian Constitution, Shah seeks a comprehensive investigation into these alleged malpractices and demands that the election results for Mumbai’s 27th North West Constituency be annulled. The petition implores the High Court to intervene decisively, compelling the ECI and local authorities to furnish crucial evidence—including CCTV footage and forensic data from the seized mobile phone—to substantiate claims of electoral fraud.