Bombay High Court Issues Notice To ECI On Plea Challenging 2024 Legislative Assembly Elections

The Bombay High Court on Monday (February 3) issued notice on a petition challenging the elections to the Maharashtra Legislative Assembly, which were concluded in November, last year. 

The petition has alleged that over 75 lakh votes were polled after the official closing time of polling (6 PM) and also several discrepancies in almost 95 constituencies, wherein the number of votes polled and the number of votes counted, does not match.

A division bench of Justices Ajay Gadkari and Kamal Khata issued the notice to the Election Commission of India (ECI) and also the Chief Electoral Officer (CEO), which are the respondents to the petition filed by one Chetan Ahire. 

"Issue notice to the respondents (ECI and CEO) and make it returnable after two weeks," the bench recorded in its order. 

The petition raises serious concerns regarding discrepancies in the voting process, including an unusually high percentage of votes cast in the final minutes and post-closing hours, as well as the lack of transparency in the recording of these votes.

Opening the arguments for the petitioner, advocate Prakash Ambedkar, assisted by advocates Sandesh More and Hitendra Gandhi, told the judges that nearly 75 lakh votes were polled during the last minutes and beyond the deadline of 6 PM. "However, no transparent system of recording or verifying the authenticity of these votes was provided," Ambedkar submitted.  

Further, the petition alleged that in nearly 95 constituencies, there has been a discrepancy in polled votes and the actual counted votes. It alleged that the Returning Officers (ROs) failed to adhere to the norms mentioned in the 'Handbook' issued by the ECI for conducting polls, which mandate the ROs to report such discrepancies to the ECI and suspend the right to declare the elections results, till the ECI gives any directions in this regard. 

The petition has therefore prayed for a declaration that the assembly election results are null and void since there have been violation of various norms. 

A detailed hearing in this matter, is expected after two weeks.