The members of the State Legislative Assembly constitute the electoral college for the MLC elections. (File photo: ANI)
NCP leader Malik, through his lawyers Tarak Syed and Kushal Mor, sought modification of the earlier petition filed by him seeking his release on June 10 to cast his vote in the Rajya Sabha elections.
- PTI Mumbai
- Last Update:13 June 2022, 18:55 IST
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The Bombay High Court on Monday directed to file a fresh petition seeking the release of jailed Maharashtra minister Nawab Malik for a day on June 20 to cast his vote in the MLC elections. NCP leader Malik, through his lawyers Tarak Syed and Kushal Mor, sought modification of the earlier petition filed by him seeking his release on June 10 to cast his vote in the Rajya Sabha elections. On June 10, the High Court had refused to grant him any immediate relief. On Monday, Saeed told a single bench of Justice PD Naik that they are seeking modification of the petition and the date of June 10 to June 20.
“There is going to be another election on June 20. The only amendment we will make is the change in the date. All other prayers (sought in the petition) will remain the same,” said Sayeed. Justice Naik, however, said such an amendment cannot be made as the cause and object of action has changed. “The election in which you (Malik) wanted to vote on June 10 is over. Now, you are seeking release for another election. Thereby this petition becomes infructuous. You have to file a fresh petition,” Justice Naik said.
The court indicated that it was not inclined to allow the amendment and wanted to know from Malik’s lawyers whether they wanted to withdraw the petition and file a fresh petition. Malik’s lawyers then withdrew the plea and said they would file a fresh plea on Tuesday seeking his release on June 20 on one-day bond.
The ED had arrested Malik on February 23 this year in connection with a money laundering probe into the activities of fugitive gangster Dawood Ibrahim and his associates. Voting for the 10 seats of the Upper House of the state legislature will be held on June 20.
The members of the State Legislative Assembly constitute the electoral college for the MLC elections. The ruling Shiv Sena, NCP and Congress have nominated two candidates each, while the opposition BJP has fielded six candidates for the MLC polls.
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