The ECI has formally requested the Bombay High Court to release EVMs central to the legal dispute between Shiv Sena (UBT) leader Rajan Vichare and Shinde Sena MP Naresh Mhaske. On Wednesday(September 4th), Justice Riyaz Chagla reviewed Vichare’s election petition.
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MUMBAI: The Election Commission of India (ECI) has formally requested the Bombay High Court to facilitate the release of Electronic Voting Machines (EVMs) that are central to a legal dispute involving prominent political figures. This dispute is between Shiv Sena (UBT) leader Rajan Vichare and Shinde Sena MP Naresh Mhaske.
On Wednesday(4th September), the ongoing election petition filed by Vichare was the subject of judicial scrutiny as it came before Justice Riyaz Chagla. The case is particularly significant due to the allegations made by Vichare against Mhaske regarding the accuracy of information disclosed in his nomination form.
During the court proceedings, Vikram Nankani, representing Mhaske, requested additional time to address Vichare’s serious claims. Vichare has accused Mhaske of providing false statements under oath concerning pending criminal cases. Specifically, the challenge revolves around Mhaske’s nomination form, which reportedly did not disclose a previous conviction for rioting—a conviction that had been upheld by the Thane Sessions Court.
Vichare’s petition argues that Mhaske’s omission of this crucial information misled voters about his legal standing, potentially affecting the fairness of the election process.
In the courtroom, Abhijit Kulkarni, who is representing the ECI, contended that several EVMs currently held by the district election office should be released. He stressed the necessity of retrieving these machines to ensure the integrity of the ongoing investigation.
Justice Chagla, presiding over the matter, inquired whether the EVMs were essential as evidence for the case. This query highlights the critical role that these machines play in the legal proceedings, emphasizing the need for their prompt release to facilitate a thorough examination.
Dairus Khambata, the legal representative for Vichare, emphasized during the proceedings that the EVMs might not be crucial for the case at hand.
According to Khambata-
“The EVMs may not be needed since the vote count is not being disputed and the results are already published on the ECI website.”
This statement highlights the fact that the core of the dispute revolves around the election results themselves, rather than any alleged discrepancies in the vote counting process.
Khambata further clarified that the evidence underpinning the Shiv Sena (UBT) leader’s petition is primarily based on documents that are already part of the petition.
“The evidence supporting the Shiv Sena (UBT) leader’s petition consists of documents that are already included with the petition.”
– he stated.
Nevertheless, Khambata requested additional time until Thursday to finalize his position on the matter, indicating that further review or clarification might be needed before the court reaches a conclusion.
The court has since directed Nankani to provide additional instructions on how to proceed with the case. The hearing is scheduled to continue on today(5th September), allowing more time for the involved parties to present their arguments and evidence.
Vichare’s plea is specifically aimed at overturning the election of Mhaske as the Member of Parliament from the Thane constituency. Vichare is seeking to have the court declare him as the duly elected candidate, challenging the legitimacy of Mhaske’s victory.
While the Election Commission of India (ECI) is not a direct party in the petition, it has sought court intervention concerning the release of EVMs. This request is grounded in the regulatory requirement that mandates the preservation of EVM data for 45 days following the election, during which time the data must remain unused for other purposes.
