The Bombay High Court’s Aurangabad bench has rejected Shiv Sena MLA Amol Khatal’s plea to dismiss an election petition filed by Indian National Congress leader Balasaheb Thorat. The trial proceedings, overseen by Justice Kishore Sant, will now move forward. Thorat contested Khatal’s election citing non-disclosure of income sources and tax obligations in his election affidavit.
Represented by advocates R. M. Dhorde and Amit Karande, Thorat has requested the court to nullify Khatal’s election from the 217-Sangamner Assembly Constituency, declared on November 23, 2024, under specific sections of the Representation of the People Act. Additionally, Thorat seeks to be declared the rightful winner under the Act.
Following the rejection of Khatal’s dismissal application, the election petition is scheduled for a hearing on May 7. Numerous election petitions emerged post the Maharashtra parliamentary and assembly elections, with most being dismissed early on at the candidates’ request.
Thorat’s argument highlights Khatal’s past association with a firm named Nilkamal, pointing to outstanding professional tax dues revealed on the GST Department’s website. Despite this, Khatal allegedly failed to disclose this connection in his filing, misrepresenting the government dues. Khatal countered by stating he is no longer involved with Nilkamal, claiming the firm’s dissolution. However, the court found Thorat’s evidence indicating the firm’s active status on the GST website compelling, citing Section 100(1)(b) of the RP Act.
Section 100(1)(b) of the RP Act addresses conditions for declaring an election void.