Court strikes down election of Sakoli MLA

Mumbai: The Nagpur bench of Bombay high court (HC) has struck down election of Rajesh Kashiwar, MLA representing the ruling Bharatiya Janata Party (BJP) from Sakoli constituency in Bhandara district. The HC declared the election of Kashiwar void primarily as two of the contracts awarded to him by Public Works Department (PWD) were subsisting at the time he filed his nomination for the 2014 assembly elections.

Justice A.S. Chandurkar was hearing a petition filed by Sevakbhau Waghaye Patil who contested election against Kashiwar in 2014. Mr Patil alleged that PWD had awarded four contracts to Kashiwar and those contracts were given on the last date of filing his nomination for 2014 assembly elections.

He argued that Kashiwar’s election was void in view of Section 9A of the Representation of the Peoples Act, 1951. He stated in the petition that Kashiwar was registered with the state PWD as a Class-IV contractor at that time and therefore was disqualified to contest assembly elections, as under Section 9A a person is disqualified for contesting assembly elections for the duration of a government contract awarded to him or her, if any of such contract subsists at the time of filing nomination.

The court accepted his contention and held that out of four at least two contracts were subsisting on the date of filing nominations. The judge noted that Kashiwar had applied to the PWD for cancellation of his registration as a contractor on the last date for filing nominations and his registration was cancelled by the department three days after the election results were declared.