Bombay HC upholds Shiv Sena MLA Rajendra Gavit’s election

Mumbai: In a much-needed relief for veteran politician and tribal leader Rajendra Gavit, the Bombay High Court has dismissed a petition challenging his election as an MLA of Eknath Shinde-led Shiv Sena from the Palghar Legislative Assembly on the grounds that nomination form was defective due to the mention of his second wife.

Gavit belongs to the Bhil tribal community, which follows customs that permit polygamy, according to the Bombay High Court.

The court held that Gavit had made a “true and honest” disclosure of both his spouses in the election affidavit, including their PAN details and the status of their income tax returns.

“The respondent has made true and honest disclosure about details of PAN and status of filing of Income Tax Returns of both his spouses in the form,” Justice Sandeep Marne said.

The petition was filed by social activist Sudhir Jain, who is a voter from Palghar Assembly Constituency, which is reserved for the STs.

Palghar falls under the Palghar Lok Sabha seat, which neighbours the financial capital of Mumbai.

Jain raised objections to Gavit's declarations in the Affidavit in Form-26 filed along with the nomination papers.

“There may be cases where a candidate belonging to a particular religion, in which polygamy is permitted, has contracted multiple marriages. Mere addition of a column to make a true and honest disclosure of information would not attract a ground for challenging the election,” the court observed.

"Issue is whether there is falsity in the claim made by the Respondent (Gavit) and whether disclosure of factum of second marriage by adding a column in the Form 26 Affidavit would attract a ground under Section 100 of the Act? The answer to the question would emphatically be in the negative," the judge said.