Refusing to grant relief to jailed Maharashtra minister Nawab Malik who sought to be released for a day on June 20 to cast his vote in the Maharashtra Legislative Council elections on June 20, the Bombay High Court has asked him to file a fresh petition.
The NCP leader had sought to amend the earlier petition filed by him seeking to be released on June 10 to cast vote in the Rajya Sabha elections. The HC, on June 10 had refused to grant him any urgent relief saying that the tenor of his plea was for bail.
Malik was arrested by the ED on February 23 this year in connection with a money laundering probe linked to the activities of fugitive gangster Dawood Ibrahim and his aides.
On Monday, Malik's counsels, Taraq Sayed and Kushal Mor, told Justice P D Naik that they were seeking to amend the petition and change the June 10 date to June 20.
Sayed said: “There is another election coming up on June 20. The only amendment we would be making is change in the date. All other prayers (sought in the plea) would remain the same.”
However, Justice Naik, noted that such an amendment cannot be carried out as the cause of action and purpose has changed. “The elections you (Malik) wanted to vote for on June 10 is over. Now, you are seeking release for another election. That renders this petition (of June 10) infructuous (invalid),” said Justice Naik.
Asking Malik to file fresh plea, justice Naik added: “File a fresh petition.. By carrying out an amendment, a new prayer cannot be introduced.. Something that is against the procedure cannot be allowed.”
The court indicated that it was not inclined to allow the amendment and sought to know from Malik's lawyers if they wish to withdraw the petition and file a fresh plea.
Malik's lawyers then withdrew the petition and said they would file a fresh petition on Tuesday seeking to be released on bond for one day on June 20.
The elections for 10 seats in the Upper House of the state Legislature will be held on June 20. Members of the state Legislative Assembly constitute the electoral college for the MLC polls.
The ruling Shiv Sena, NCP and Congress in the state have nominated two candidates each, while the opposition BJP has fielded six candidates for the MLC polls.
