“Polygamy Not A Ground For Disqualification”
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The Bombay High Court dismissed a petition challenging BJP MLA Rajendra Gavit’s 2024 election win, ruling that polygamy cannot be a reason for disqualification. The court clearly stated, “Polygamy not a ground for disqualification.”
Mumbai: The Bombay High Court rejected a petition that sought to invalidate BJP MLA Rajendra Gavit’s victory in the 2024 elections, stating that polygamy cannot serve as grounds for disqualification.
The court emphasized that Gavit’s honest disclosure of his marital status does not contravene election regulations.
Justice Sandeep Marne noted that Gavit, who belongs to the tribal Bhil community where polygamy is culturally accepted, included details of both his wives in his election affidavit, such as their PAN numbers and income tax return statuses.
The bench remarked in its ruling on Monday,
“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 petition, filed by social activist and Palghar voter Sudhir Jain, asserted that Gavit’s second marriage was invalid under the Hindu Marriage Act and that listing his second wife, Rupali Gavit, constituted a false declaration.
However, Gavit argued that his disclosure was both voluntary and accurate, asserting that no legal restrictions prevent a candidate from providing such information, especially when it aligns with tribal customs that permit polygamy.
The high court affirmed that Gavit had disclosed the existence of his two spouses and related details, including their PAN cards and income tax filing statuses.
The court stated,
“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. Mere addition of a column to make a true and honest disclosure of information would not attract a ground for challenging the election,”
Gavit maintained that there are no prohibitions against candidates making voluntary disclosures. He argued that declaring Rupali Gavit as his second wife reflects his honesty and that polygamy is accepted in the Bhil community, where there are no restrictions on second marriages.
The bench pointed out that the petition did not specify how such a disclosure violated Election Rules.
Justice Marne stated,
“The act of the candidate of adding a column in the form to make a true and honest disclosure of the information would neither render the nomination form defective nor would amount to a violation of provisions of the Election Rules,”
The bench also indicated that it was unnecessary to assess the validity of the second marriage at this stage.
