Shiv Sena (UBT) to Challenge Election Outcome in Mumbai North-West Constituency in High Court

Mumbai, 18th June 2024: Mumbai: The controversy surrounding Shiv Sena’s Ravindra Waikar’s victory over Shiv Sena (UBT)’s Amol Kirtikar in the Mumbai North-West constituency remains unresolved, prompting the Uddhav Thackeray-led party to announce plans to challenge the outcome in the High Court within a week.

“This defeat is highly dubious, and we are taking legal recourse,” stated Shiv Sena (UBT) leader Anil Parab during a press briefing in Mumbai on Monday. “We firmly believe we won, and they unfairly took it away from us by exploiting procedural loopholes.”

In response, the faction led by Shinde within Shiv Sena refuted any allegations of procedural misconduct, dismissing the outcry from the Opposition alliance in Maharashtra, particularly Shiv Sena (UBT), as unwarranted.

“Rahul Gandhi and Aaditya Thackeray should retract their baseless claims about EVMs. Even the newspaper has retracted its article,” commented Sanjay Nirupam, a senior Shiv Sena leader, addressing the media.

Speaking later on Monday evening, Shiv Sena leader Deepak Kesarkar remarked, “Aaditya is relatively young. Elections follow a set procedure. Each EVM seal is opened only after a signature, and the ballot counting happens transparently. The only question here is about the recounting of postal ballots due to the narrow victory margin. They are creating confusion without substance.”

What Transpired on Counting Day:
Shiv Sena (UBT)’s Anil Parab detailed that the counting process proceeded smoothly until the 19th round when the procedures for result announcements allegedly changed unexpectedly.

As per Election Commission guidelines, the Returning Officer (RO) is tasked with announcing results after each counting round is completed, with subsequent rounds commencing thereafter.

Parab explained that there are typically 14 counting tables per constituency along with an additional table for the Assistant Returning Officer (ARO).

“Our party’s polling agent was stationed at the ARO table, where results were compiled before being forwarded to the RO. A net barrier obstructed our view, complicating our oversight of the process,” Parab stated.

Shiv Sena (UBT) contends that after the 19th round, result announcements ceased until the 26th round.

“We raised objections, but our concerns were dismissed. We remain unaware of events between the 19th and 26th rounds, necessitating access to CCTV footage,” Amol Kirtikar informed ThePrint.

Shiv Sena (UBT) further alleged a discrepancy of 650 votes between their tally and the official count during the hiatus between the 19th and 26th rounds, citing the absence of Form 17C part two, which documents the final count.

“After counting, the RO paused for 2-3 minutes. We were preparing to lodge a formal objection when results were suddenly orally declared,” Kirtikar added.

Statement by the RO:
RO Vandana Suryavanshi refuted claims of EVM tampering via OTP and clarified that the registered FIR pertained to the unauthorized use of a mobile phone by Mangesh Pandilkar, Ravindra Waikar’s relative, within the counting centre.

“The incident does not relate to EVM hacking. Police are investigating the unauthorized mobile usage,” clarified RO Suryavanshi. “The phone belonged to Dinesh Gurav, an authorized data operator using the EC’s ENCORE app.”

ENCORE is a secure app enabling data entry and tabulation, separate from EVM operations, utilizing an OTP for access, but not for EVM functionality.

“The counting process is strictly regulated, ensuring EVMs remain secure from external influence,” assured Suryavanshi.

Next Steps:
Shiv Sena (UBT) confirmed their intent to approach the High Court this week, exploring options for recounting or reelection pending legal advice.

“We are consulting our legal team. A court order may be sought soon,” Parab confirmed to ThePrint.

Additionally, Shiv Sena (UBT) protested the denial of CCTV footage by the RO.

“We initially requested CCTV footage on June 6, with assurances of prompt delivery. Subsequent requests were ignored until Monday, citing the need for a court order,” Kirtikar lamented.

Shiv Sena (UBT) also expressed concerns over the investigation into Pandilkar’s phone usage, urging clarity on the matter.

“They allege OTP usage with the ENCORE app. When Shah and Arora identified misuse, the original phone was removed. Subsequent actions involving the exchange of phones raise suspicion,” Parab asserted. “The FIR’s delayed filing hints at potential tampering.”