Allowing MLA Gaikwad to vote in Maharashtra council polls is misuse of power: Sanjay Raut

Mumbai: Shiv Sena (UBT) leader Sanjay Raut on Friday said allowing BJP MLA Ganpat Gaikwad, who is in judicial custody in a shooting case, to vote in the Maharashtra legislative council polls would amount to misuse of power.

The Congress had also urged the returning officer of the biennial elections not to allow Gaikwad, accused of opening fire at a Shiv Sena leader inside a police station, to cast his vote.

Talking to reporters, Raut cited that in the last legislative council polls, the then NCP MLAs Anil Deshmukh and Nawab Malik were not allowed to vote.

"Gaikwad can come out from jail to vote, but Anil Deshmukh and Nawab Malik were also in jail (during the 2022 council polls) and were not allowed to vote. This is use or misuse of power," he said.

He further alleged that the results of the recent Lok Sabha election have shown that people have backed the opposition parties.

"Even their (the ruling parties) MLAs can break or take a different stand. No one should be under the impression that only votes of the Congress or any other (opposition party) will split," Raut said.

Gaikwad, who represents the Kalyan East assembly constituency, was arrested in February for allegedly opening fire on a Shiv Sena functionary inside a police station at Ulhasnagar in Thane district over a land dispute.

The BJP legislator has been in judicial custody since the incident.

Earlier in a letter to the returning officer, Abhijit Vanzari, the representative of Congress candidate Pradnya Satav, said Gaikwad is in judicial custody and cannot vote under Section 62(5) of Representation of the People Act, 1951.

“We hear Gaikwad will be coming to Vidhan Bhavan to vote. Please stop him from doing so illegally… and protect constitutional values without coming under any pressure. Or else, we will have to take legal recourse,” the letter said.

The biennial elections to 11 council seats are being held at the Vidhan Bhavan complex in south Mumbai between 9 am and 4 pm on Friday.