The Supreme Court has dismissed a challenge to the election of AIMIM’s Mufti Mohammad Ismail Abdul Khalique from the Malegaon Central Assembly constituency in the 2024 Maharashtra Assembly elections, upholding the Bombay High Court’s decision rejecting an election petition against him.
A Bench of Justice Vikram Nath, Justice Sandeep Mehta and Justice Augustine George Masih dismissed the appeal filed by Samajwadi Party candidate Shaan E Hind Nihal Ahmed.
The dispute arose after Mufti Ismail was declared elected from Malegaon Central in the November 2024 Assembly elections. He secured 1,09,653 votes, defeating his nearest rival Shaikh Asif Shaikh Rashid, who contested on the Indian Secular Largest Assembly of Maharashtra (ISLAM) ticket and polled 1,09,491 votes. The victory margin was 162 votes, while Ahmed secured 9,624 votes.
Rashid had challenged Mufti Ismail’s election before the Bombay High Court, alleging corrupt practices under Section 123 of the Representation of the People Act, 1951.
One of the allegations concerned Mufti Ismail, who is also an Imam, performing ‘Dua’ for his electoral victory during political gatherings and congregational prayers, following which members of the audience responded with “Amen”.
The High Court rejected the contention that the prayer amounted to soliciting votes on religious grounds. It held that while saying “Amen” could indicate agreement with or affirmation of the prayer, it was distinct from making a formal pledge or undertaking to vote for a candidate. The Court further held that praying for electoral success did not, by itself, amount to soliciting votes on religious grounds or exercising undue influence.
Rashid had also relied on speeches by Mufti Ismail’s campaigners, including Sufi Anees Quadri, as well as remarks attributed to AIMIM chief Asaduddin Owaisi. The High Court considered the statements in the context of the election campaign and held that the allegations, as pleaded, did not establish a corrupt practice under Section 123.
The election petition also challenged the support extended to Mufti Ismail by religious organisations, including Jamiyat-e-Ulma and Jamaat-e-Islami Hind. The High Court observed that references to religion in political discourse were not completely prohibited and that religious organisations were not absolutely barred from participating in the electoral process. It therefore held that the support extended by the organisations did not constitute a corrupt practice.
Another allegation concerned pamphlets allegedly circulated by Mufti Ismail’s sister, Rafea Khalique, which Rashid claimed contained statements against women candidates and prescribed how Muslim women should behave and dress.
While the High Court criticized the views expressed in the pamphlets, it noted that they did not refer to any particular candidate and contained general statements concerning religious beliefs. It therefore held that the pamphlets did not fall within Sections 123(3) or 123(4) of the Representation of the People Act.
The Bombay High Court ultimately rejected the election petition on June 8, 2026, holding that it did not disclose the material facts necessary to establish the alleged corrupt practices or warrant a trial.
The Supreme Court’s dismissal of the challenge leaves Mufti Ismail’s election from Malegaon Central undisturbed.
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