The High Court refused to cancel the election of Palghar MLA Rajendra Gavit, stating that polygamy cannot be a basis for cancelling his MLA status. Gavit had disclosed his marital status in his election affidavit and this disclosure did not constitute a violation of election rules, the court also clarified while providing relief to Gavit.
Gavit, a member of the tribal Bhil community, disclosed all the details of both his wives, including their PAN numbers and income tax return status, in his election affidavit.
Furthermore, a single bench of Justice Sandeep Marne, while dismissing the petition challenging Gavit's election, primarily noted that there are cases of candidates of certain religions that allow polygamy having more than one marriage. If the petitioners' claim that adding another column to the nomination form for true and honest disclosure of information is not permitted is accepted, then candidates with polygamy will never be able to contest any election. The single bench also clarified that this cannot be a reason to challenge the election.
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Social activist and Palghar voter Sudhir Jain had challenged Gavit's MLA status in the High Court through an election petition. Also, Gavit had claimed that his second marriage was invalid under the Hindu Marriage Act and that it was inappropriate to present details about his second wife, Rupali Gavit. However, Gavit countered that the information he provided regarding his marital status in the election affidavit was voluntary and true, while seeking dismissal of the petition.
Gavit also claimed that there is no legal obligation on a candidate to provide such voluntary information, especially if the candidate belongs to a tribal community that allows polygamy.
Gavit's claim
There is no prohibition or obligation on the candidate to voluntarily disclose information. Gavit, while opposing the petition, claimed that declaring Rupali Gavit as his second wife is a symbol of his honesty. Gavit also argued that we belong to the Bhil community and polygamy is permitted in it and there is no restriction on second marriage.
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