A petition has been filed against the Bharaitya Janata Party candidate Kirit Somaiya in the Bombay High Court accusing him of violating the model code of conduct.

The petitioner has alleged that Mr. Somaiya, contesting from Mumbai North-East constituency, has been appealing to the voters in the name of caste, community and linguistic affinity.

Petitioner Nikunj Dave, who is the resident of the constituency, has claimed that even the Election Commission and police officials failed to take action against Mr. Somaiya despite repeated complaints.

The court is set to hear the matter in due course of time.

"The petitioner seeks protection of his fundamental rights as a citizen of India, guaranteed under the Constitution of India and his constitutional as well as statutory right to vote in a free and fair election," Mr Dave has pleaded in the petition.

He has alleged that the police who he complained to, threatened him with foisting of false cases.