Mumbai Shiv Sena (UBT) leader Sanjay Raut on Friday said allowing BJP MLA Ganpat Gaikwad, who is in judicial custody in a shooting case, to vote in the Maharashtra legislative council elections would amount to a abuse of power.

The Congress had also urged the returning officer of the biennial elections not to allow Gaikwad, accused of opening fire on a Shiv Sena leader inside a police station, to cast his vote.

Speaking to reporters, Raut cited that in the last legislative council elections, then NCP MPs Anil Deshmukh and Nawab Malik were not allowed to vote.

"Gaikwad can come out of jail to vote, but Anil Deshmukh and Nawab Malik were also in jail (during the 2022 council elections) and were not allowed to vote. This is use or misuse of power," he said.

He further alleged that the results of the recent Lok Sabha elections have shown that people have supported the opposition parties.

"Even their MLAs (of the ruling parties) may break or take a different stand. No one should be under the impression that only Congress or any other (opposition party) votes will be divided," Raut said.

Gaikwad, who represents Kalyan East assembly constituency, was arrested in February for allegedly opening fire on a Shiv Sena functionary inside a police station in Ulhasnagar in Thane district over a land dispute.

The BJP legislator has been in judicial custody since the incident.

Earlier, in a letter to the returning officer, Abhijit Vanzari, representative of Congress candidate Pradnya Satav, said that Gaikwad is in judicial custody and cannot vote under Section 62 (5) of the Representation of People Act, 1951.

“We heard that Gaikwad is coming to Vidhan Bhavan to vote. Please stop him from doing it illegally... and protect constitutional values ​​without being subjected to any pressure. Otherwise, we will have to resort to justice,” the letter said.

The biennial elections for 11 council seats will be held at the Vidhan Bhavan complex in south Mumbai between 9 am and 4 pm on Friday.