Nagpur: A 70-year-old contestant has moved the Nagpur bench of the Bombay High Court seeking the cancellation of Congress leader Vijay Wadettiwar's election affidavit, claiming it was allegedly filed on an interpolated stamp paper. Wadettiwar, who is the Leader of Opposition in the state assembly, is seeking re-election from the Brahmapuri assembly seat. His initial two affidavits were rejected due to defects, while his third election affidavit was filed using stamp paper purchased for the execution of some agreement in the name of Kiran Wadettiwar, the petitioner stated. According to the petitioner, Narayan Jambhule, Wadettiwar's third affidavit was filed to remove objections or irregularities pointed out by the respondent returning officer in his nomination form dated October 24 and October 28. The returning officer accepted the rectification despite the illegality, Jambhule said. He further claimed that the word ‘pratigaya' (affidavit) was later inserted in the stamp paper's relevant space not by the stamp vendor but by some other person. "This interpolated stamp paper, which was not purchased by Wadettiwar, was used for his affidavit and filed with the returning officer in order to fulfil the mandatory requirement, and the same was accepted, and his candidature was approved for contesting the election by the returning officer," Jambhule, appearing in person, stated in his petition. He said this was in violation of Rule 3 (1) of the Maharashtra Stamp Rules 1939. As per the rule, a stamp which by any word or words on the face of it is appropriated to any particular kind of instrument shall not be used for any instrument of any other kind. "It is meant for entering into the execution of an agreement by Kiran. By Vijay for execution of an affidavit, makes the affidavit illegal," states Jambhule, who too is contesting from the Brahmapuri seat. Jambhule said the returning officer (RO) failed in performing her public duty lawfully. The RO rejected the petitioner's objection after hearing Jambhule and stating that Wadettiwar's nomination was already declared valid. Jambhule also said that Wadettiwar's affidavit was not made public on the election commission's portal for two hours after the approval of nominations while seeking the cancellation of his nomination papers. The HC refused to grant any interim relief and listed the petition along with other election cases to be heard from November 11 onwards. MSID:: 115120529 413 |