Bombay HC Dismisses Petition Challenging Shiv Sena MLA Dilip Lande’s Chandivali Election Victory

Mumbai, March 7: The Bombay High Court on Saturday dismissed an election petition filed by defeated Chandivali candidate Mohammad Arif Lalan Khan challenging the victory of Shiv Sena MLA Dilip Bhausaheb Lande in the 2024 Maharashtra Assembly elections, holding that the petition failed to disclose material facts necessary to set aside an election result.

Election result challenged after Chandivali contest

Khan had challenged Lande’s victory from the Chandivali Assembly constituency in Mumbai, where Lande secured 1,24,641 votes while Khan received 1,04,016 votes — a margin of 20,625 votes.

The petition alleged three main grounds — that then Chief Minister Eknath Shinde conducted an illegal roadshow in the constituency during the 48-hour campaign silence period, that Lande’s election affidavit contained misleading disclosures, and that Electronic Voting Machines (EVMs) may have been tampered with.

Court examines allegations in petition

Lande sought dismissal of the petition under Order VII Rule 11 of the Civil Procedure Code, arguing that it did not disclose a cause of action.

Allowing Lande’s application, Justice Somasekhar Sunderesan held that the allegations did not meet the legal threshold required to invalidate an election under the Representation of the People Act, 1951.

Examining the allegation about Shinde’s visit, the court noted that while the petition stated that the roadshow took place during the prohibited period, it failed to explain how it amounted to “undue influence” — a requirement for proving corrupt practice.

“The appearance of the star campaigner… by itself would not be enough,” the court said, adding that there must be material showing interference with the free exercise of voters’ choice.

“I have examined the pleadings with a fine-tooth comb… The pleadings indicate that Shinde visited during prohibited campaign hours… but there is not even a whisper of any threat, coercion, inducement or misrepresentation,” the court observed in a detailed 60-page judgment.

Court rejects affidavit and EVM claims

On the affidavit issue, the court held that there was no prohibition on candidates voluntarily disclosing more information than required, and the petition failed to show how such disclosure influenced voters.

Regarding the EVM allegation, the court said merely seeking verification of machines based on apprehension did not constitute a valid ground to void an election.

“The pleadings are nothing more than a simple and bald averment that but for the visit, Khan would have won,” the court said while dismissing the petition.

However, the court clarified that its order does not prevent investigation into any alleged violation of election laws or the ongoing EVM verification process.

In October 2024, a PIL had been filed by an advocate seeking a probe in the alleged Rs 12.5 crore cooker scam involving the BMC and Lande. However, the PIL was withdrawn after the HC noted that it lacked basic details. The plea accused some BMC officials and MLA Lande of orchestrating a criminal conspiracy by misappropriating public property.

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The civic body had reportedly bought 50,000 cookers at a cost of Rs 12.50 crore, allegedly four times higher than the market price. The drive was actually a part of a municipal social welfare scheme meant for the underprivileged living in L Ward.

However, the BMC reportedly got them distributed by Lande. Through a series of events, the latter passed off the initiative as his own by etching his own name on the cookers.

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