No ground to declare polygamous candidate’s election null and void, says Bombay High Court

Mumbai: Noting that polygamy cannot be a ground to unseat a legislator, the Bombay High Court dismissed a petition demanding to declare BJP MLA Rajendra Gavit’s victory in the 2024 polls void, saying “honest” disclosure about his marital status doesn’t violate election rules.

A bench of Justice Sandeep Marne observed that Gavit, a member of the tribal Bhil community, where polygamy is not prohibited by custom, disclosed details of both his spouses in the election affidavit, including their PAN numbers and Income Tax return status.

“There may be cases where a candidate belonging to a particular religion, in which polygamy is permitted, has contracted multiple marriages.

“If the contention raised in the petition about impermissibility to add a column in the nomination form is accepted, then such candidates would never be able to contest any election,” the bench noted in its order passed on Monday.

The petition, filed by social activist and Palghar voter Sudhir Jain, argued that Gavit’s second marriage was invalid under the Hindu Marriage Act and that listing his second wife, Rupali Gavit, amounted to a false declaration.

However, Gavit contended that his disclosure was voluntary and truthful.

He asserted that there is no legal bar on a candidate providing such voluntary information, particularly when rooted in a tribal custom that allows polygamy. The high court stated that Gavit has two spouses and accordingly disclosed related details, including their PAN cards and the status of filing income tax returns.

“The respondent (Gavit) has made true and honest disclosure about details of PAN and status of filing of Income Tax Returns of both his spouses in the form.