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File A Fresh Plea To Vote For MLC Polls: Bombay High Court Tells Cabinet Minister Nawab Malik
Sharmeen Hakim
13 Jun 2022 12:16 PM GMT
The Bombay High Court on Monday asked Maharashtra Cabinet Minister and NCP leader Nawab Malik to file a fresh plea to vote in the upcoming state MLC polls.Justice PD Naik refused to allow an amendment and pursue reliefs through Malik's pending petition regarding the Rajya Sabha Polls."File a fresh petition, this petition has become infructuous. By carrying out an amendment, a new prayer cannot...
The Bombay High Court on Monday asked Maharashtra Cabinet Minister and NCP leader Nawab Malik to file a fresh plea to vote in the upcoming state MLC polls.
Justice PD Naik refused to allow an amendment and pursue reliefs through Malik's pending petition regarding the Rajya Sabha Polls.
"File a fresh petition, this petition has become infructuous. By carrying out an amendment, a new prayer cannot be introduced..Something that is against the procedure cannot be allowed," Justice Naik said.
Malik's counsels urged the court to allow the amendment saying that the PMLA court has already rejected one application and the judge is unlikely to take a divergent view.
"But the entire petition is moved on the fact that the PMLA court refused your request. Reasoning may be the same but now you want to cast your vote for a 'B' purpose," the judge said.
Advocate Kushal Mor instructed by Rashmikant and Partners for Malik then sought to withdraw the pending petition with a specific direction that all his contentions be left open.
Mor submitted that if this was not done, the subordinate court's order would obtain finality. Justice Naik passed the order accordingly, allowing withdrawal of the plea, keeping all contentions open.
Background
Only last week, the Special PMLA court refused permission to both NCP leaders, Anil Deshmukh and Malik from being temporarily released to cast their vote in the Rajya Sabha Elections on June 10, 2022.
The judge observed that under section 62(5) of the Representation of Peoples Act, not only a convict but also an undertrial would be barred from voting.
While both of them appealed against the special court's order in HC.
Justice Naik had refused to hear Malik's petition back under under Articles 226,227 and 482 of the CrPC. He directed Malik to approach the appropriate bail court.
However, due to the paucity of time, Justice Bharati Dangre said she could not take up the matter immrdiately.
Malik was arrested by the ED on February 23 this year in a money laundering case linked to the activities of fugitive gangster Dawood Ibrahim and his aides.
Earlier in the day, Anil Deshmukh also approached the High Court to vote in the MLC polls by filing an interim application.
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