
MUMBAI, APRIL 21: Allegations that ballot papers were tampered with in elections to the Bombay City Civil and Sessions Court Bar Association have placed the results for the post of one of the three vice-presidents in dispute.
The charge has been levelled by Avinash Rasal, whose election on April 9 was set aside by the returning officer, who allegedly opened the ballot box before the recounting demanded by losing candidate, Kalpana Chavan.
However, returning officer Naimesh Jhaveri along with outgoing president N Y Gupte who also contested and was defeated, former secretary Prem Gidwani and Chief Public Prosecutor D G Paranjpe allegedly opened the sealed ballot box andinserted invalid votes after declaring them as valid. This allegedly took place at around 10.30 am, six and a half hours before recounting was scheduled. The box was then allegedly re-sealed and signatures affixed.
Rasal, who fears that the alleged tampering was meant to edge him out, states in a letter to Jhaveri: 8220;I have strong apprehension that there is a specific reason to open the ballot box without notice and to count the votes therein. Since the ballot box was opened in my absence, the sanctity of secret ballot has been lost and the same creates suspicion of tampering.8221;
In another letter to Jhaveri, 60 lawyers supporting Rasal have asked the returning officer to explain why he opened the ballot box without any prior intimation or notice to the candidates. They also asked him to explain how he could declare as valid votes earlier declared as invalid during counting on April 9.
Following the furore, Jhaveri displayed a notice in the court premises stating that recounting had been deferred tillApril 22 unless aggrieved members of the bar seek an injunction from the court.
Though Jhaveri told Express Newsline he did not want to comment on the issue, Gupte admits that the ballot box was opened before the scheduled hour. 8220;I was present. I do not dispute that. Every invalid ballot that was validated was signed by Jhaveri,8221; he told Express Newsline.