Nawab Malik denied immediate relief by Bombay HC to cast his vote in Rajya Sabha polls

In yet another setback to the Maha Vikas Aghadi (MVA) alliance, the Bombay High Court on Friday refused to grant immediate relief to Maharashtra Minister Nawab Malik to cast his vote in the ongoing Rajya Sabha elections. Malik had knocked on the High Court doors after a Special PMLA court denied him bail to cast vote in the RS elections.

In today's hearing, Advocate Amit Desai, appearing for Nawab Malik, appealed for an escort to the polling booth, instead of a bail bond. "We are not asking for bail but if the court permits I will go with an escort and come back. We are rushing on time voting ends at 4 pm today. Request you to pass an order that enables me to cast my vote. It's a supervisory jurisdiction," Desai appealed to the court. 

Additional Solicitor General Anil Singh, appearing on behalf of the Enforcement Directorate (ED), argued that the request is not maintainable and cannot be considered a special case.

Upholding the lower court's order, the High Court ordered that the petition filed by Malik is wrong as he is only seeking an escort, instead of bail. The court ordered the NCP leader to amend his application and approach the right bench.

"Elections are between 9 am to 4 pm and Malik is a cabinet minister and MLA and he may be released on bond.  But the ASG has opposed the petition as not-maintainable. He has referred to the pleadings and the order of the lower court. Before the Special court also, the petitioner had prayed for release on bond. A bond can only be a bail bond under 439 of the CrPC. He should have moved an application before an appropriate court and not under Article 227. Make amendments and approach," the court ruled. 

Advocate Amit Desai is expected to file a fresh application soon. 

Maharashtra: Battle for sixth seat in Rajya Sabha 

The Maha Vikas Aghadi has been on the hot-burner since the Rajya Sabha elections commenced. In Maharashtra, six seats of the Upper House are going to the polls and there are seven candidates in the election fray. While the BJP has fielded three candidates, NCP and Congress have nominated one each, and Shiv Sena two. 

Congress and NCP have decided to transfer their second preference votes to Shiv Sena, which as it is short of votes.

However, due to the loss of two votes from Nawab Malik and Anil Deshmukh (who are currently in jail), the NCP has reportedly decided to have a margin of two votes. Doing this risks Shiv Sena's second seat in the Upper House as it is in a close contest with BJP. 

In the 288-member Legislative Assembly, Shiv Sena has 55 MLAs, NCP 53, Congress 44, BJP 106, Bahujan Vikas Aghadi (BVA) three, Samajwadi party, AIMIM, and Prahar Janshakti party two each, MNS, CPI(M), PWP, Swabhimani Party, Rashtriya Samaj Paksh, Jansurajya Shakti party, Krantikari Shetkari Party one each, and there are 13 independent legislators.