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Bombay High Court Upholds Gavit’s Election Win Over Second Marriage Challenge

The court found that a voluntary affidavit disclosure of a second marriage permitted by Bhil tribal custom does not breach election law.

Palghar, India - April 25, 2019: The Shiv Sena candidate Rajendra Gavit in Palghar district , India, on Thursday, April 25, 2019. (Photo by Satish Bate/Hindustan Times) (Satish Bate/HT Photo)
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Overview

  • Justice Sandeep Marne dismissed social activist Sudhir Jain’s petition against the 2024 Palghar Assembly result.
  • Rajendra Gavit accurately listed both spouses’ PAN details and income-tax return status in his Form-26 nomination affidavit.
  • The bench held that adding a column for a second spouse is a voluntary, truthful disclosure and not a ground to void an election under Section 100 of the Representation of People Act, 1951.
  • The ruling noted Bhil tribal customs permit polygamy and that the Hindu Marriage Act’s restrictions do not apply to such communities.
  • The court declined to probe the legal validity of Gavit’s second marriage at this stage, focusing solely on disclosure requirements.