In a decision that reaffirmed the importance of electoral rights, the Bombay High Court has permitted Pune-based gangster Gajanan Marne, popularly known as Gajya Marne, to enter the city for a limited period to cast his vote in the civic body elections scheduled for January 15. The court emphasised that the right to vote is a fundamental democratic right that cannot be denied, even to an individual with a criminal background, while also stressing the need to maintain law and order.
Marne, who is facing nearly two dozen criminal cases including serious charges under the Maharashtra Control of Organised Crime Act (MCOCA), is currently out on bail. As part of earlier bail conditions, he had been directed to stay outside Pune city limits due to concerns over public safety and potential disturbances. These restrictions were imposed in view of his criminal antecedents and the sensitive law-and-order situation in the city.
Ahead of the municipal elections, Marne approached the courts seeking temporary relaxation of these conditions. His request came after the Ajit Pawar-led Nationalist Congress Party issued an AB form to his wife, Jayashree Marne, declaring her the party’s official candidate from Ward No. 10 in the Bavdhan area. Marne argued that, given his wife’s candidature, he should be allowed to enter Pune solely to exercise his right to vote.
Initially, Marne moved the trial court with this plea, but it was rejected. While the lower court acknowledged that voting is a fundamental right, it refused to grant him permission to enter the city, citing concerns over public order and security during the election period. Following this setback, Marne approached the Bombay High Court through his legal counsel.
Opposing the plea, Additional Public Prosecutor MG Patil submitted that Marne is a habitual offender with a long criminal record and that allowing him into Pune during elections could pose serious law-and-order challenges. The state argued that elections are a sensitive time and any movement by such individuals could potentially trigger unrest or intimidation.
Justice Shivkumar Dige, while hearing the matter, observed that Marne is currently on bail in all the cases registered against him and reiterated that the right to vote holds constitutional significance. Taking these aspects into consideration, the High Court initially granted Marne permission to enter Pune on January 15 and 16 to cast his vote.
However, the state government soon sought a modification of this order, pointing out that the city would already be under heightened security due to polling and that any extended presence of Marne could complicate security arrangements. Acknowledging these concerns, the court agreed to further restrict the scope of its earlier permission.
Under the revised order, Marne will be allowed to enter Pune only on January 15, and strictly between 9 am and 6 pm. He has been directed to cast his vote by 11 am and thereafter remain confined to his residence, with no freedom to move around the city. The ruling carefully balances the constitutional right to vote with the state’s responsibility to ensure public safety and order during elections.
