Circulating misogynistic poll pamphlet not 'corrupt practice': HC
Mumbai, June 18 -- A pamphlet with misogynistic content that was circulated ahead of elections should be denounced, but it does not amount to a "corrupt practice" under the Representation of the People (RP) Act, the Bombay High Court has said, while rejecting an election petition filed by Asif Shaikh, an Indian Secular Largest Assembly of Maharashtra (ISLAM) party candidate who lost the Malegaon Central seat to the All India Majlis-e-Ittehadul-Muslimeen (AIMIM)'s Mufti Mohammed Ismail Khalique in the 2024 Maharashtra assembly polls by 162 votes.
In his petition, Shaikh claimed that Khalique's sister, Rafea Khalique, had circulated a pamphlet among voters before the polls that purportedly discouraged Muslims from voting for women. The English translation of the pamphlet provided to the high court read: "The people who elect women as their leader can never prosper. A Muslim woman is not supposed to deliver a speech without a hijab, accompany men and wander with them and be the leader of people."
However, in his June 8 order, justice N J Jamadar observed that the statements do not indicate they were made in relation to the personal character or conduct of any woman candidate. "In a constitutional democracy. such misogynistic views may not have any place. However, the pamphlet does not make reference to a candidate in particular. It is in the nature of a general statement, which refers to the perceived role of women, according to the religious tenets. Though liable to be denounced, the statements in the pamphlet do not amount to corrupt practice.," the judge said.
The pamphlet was among the reasons Shaikh cited in his election petition, filed in January 2025, urging the court to annul Khalique's election. The petition alleged that Khalique won by resorting to "corrupt practices", including allegedly offensive speeches made by Khalique and AIMIM chief Asaduddin Owaisi that stoked religious enmity between two groups, and the addition of bogus voters.
The AIMIM won the Malegaon Central constituency-its only assembly seat in Maharashtra-after a neck-and-neck contest between Khalique and Shaikh, a former Congress MLA who floated the ISLAM party ahead of the 2024 assembly elections.
In his petition, Shaikh alleged that Khalique had influenced voters with a "threat of divine displeasure or spiritual censure" and abused his position as the imam of the Jama Masjid in Malegaon. He added that by leading congregational prayers, Khalique offered "dua" (prayers) for his electoral success and had his followers and audience pledge their support for his victory by saying "Amen".
Shaikh also claimed that Owaisi had vilified him during the election campaign by comparing him to "Yazid", considered an enemy of Islam, and calling him a "drug peddler". He also accused Khalique of promoting enmity between two groups. He added that 1,082 void votes of dead persons "were improperly received" and the election result was "materially affected".
In response, Khalique stated that Shaikh's allegations were "vague, unsubstantiated and baseless" and based on "pure speculation". He said that his speeches or utterances "even if construed generously and taken at their face value, do not make out any offence" under the Representation of the People Act. He also said the alleged inclusion of 1,082 dead voters cannot be attributed to him, and there was no evidence that votes were cast in their names.
Rejecting Shaikh's petition, justice Jamadar said that references to religion in political discourse are not completely prohibited.
Regarding the "dua" that Khalique offered as the imam, the judge said, "A bald statement is made that the petitioner has appealed to the audience for his success in the election. This statement, even if taken at par, does not fall within the dragnet of corrupt practice."
Regarding Shaikh's allegations that Khalique stoked religious feelings, the judge said that certain references in his speech "may be completely unwarranted and exaggerated" but that "hardly amounts to a corrupt practice"....
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