Sena aspirant who lost BMC poll tie moves court

Though the results of Brihanmumbai Mumbai Municipal Corporation (BMC) are out, the fight for wards continues. Shiv Sena aspirant Surendra Bagalkar who was contesting elections from Colaba lost the lottery draw against Atul Shah, the Bharatiya Janata Party (BJP) candidate. Therefore, he has moved the small cause court in hope of justice. The applicant (Bagalkar) has requested the small cause court Judge P S Deshmukh to disclose the five tender votes.

As both the leading aspirants got a tie, BMC commissioner Ajoy Mehta took a lottery draw as per the legal provision 28(H) of MMC Act in which Atul Shah of BJP won. Seeing the lottery result not in his favour, the aspirant who lost has moved the small cause court.

Speaking to the Free Press Journal, Bagalkar said, "In my ward, there are five tender votes, but before the lottery I was not aware of it and so I did not oppose the lottery draw. Also there was no question of my opposition to the lottery system as there is a provision in BMC act and whatever the BMC commissioner Ajoy Mehta read we followed. But I’m strongly against the lottery system as it kills the democratic value which every candidate has. If we have to decide by lottery system only, then why do we spend so much of money in elections. Let’s decide all candidates by lottery only.”

He further added, “I hope after clarity on these tender votes it can change the results entirely.”

Bagalkar is a two-time corporator from Sena from Mumbadevi constituency while he contested the elections from Girgaum for the first time.

The winning candidate Atul Shah of BJP remarked, "I have full faith that in the legal battle too I will get the results in my favour and I’m ready for the legal fight also.”

What does a Tender vote mean?

On behalf of a valid voter if someone does a bogus voting, then the electoral officer after taking cognizance and proof of identification of concerned voter gives the valid voter an opportunity to cast his vote on a ballot paper. However, this vote is not counted while vote counting. However, if such situation appears that this tender vote becomes helpful.

“I ’m strongly against the lottery system as it kills the democratic value which every candidate has. If we have to decide by lottery system only, then why do we spend so much of money in elections. Let’s decide all candidates by lottery only.” – SURENDRA BAGALKAR