Election Commission Of India New Delhi Thr Its Chief Election Commissioner v. Abhijit Jayprakash Adhikari

4 CA 6701 20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 CIVIL APPLICATION NO.6701 OF 2020 WITH EP/14/2019 ELECTION COMMISSION OF INDIA AND OTHERS

VERSUS

ABHIJIT JAYPRAKASH ADHIKAR AND OTHERS.

...

Advocate for Applicants : Mr. Alok Sharma.

Advocate for Respondents : Mr. S.S. Thombre.

CORAM

: MANGESH S. PATIL, J.

DATE : 19/10/2020 PER COURT :

The application has been moved by the respondents-Election Commission of India with a prayer to permit them to remove the EVM from the strong room.

2.

Having heard the learned advocate Mr. Sharma for the applicants, it transpires that in fact there is no order passed by this Court prohibiting the applicants from removing the EVMs.

3.

Independently, the only ground for filing of this Election Petition, as can be seen from the contents, is regarding rejection of nomination of the petitioner. Taking into account the nature of the dispute, even the EVMs may not be necessary for just decision of the petition. 4.

Since, as is observed earlier there is no order prohibiting the applicant from moving the EVM there is no question of this Court granting any permission or otherwise.

5.

The Application is disposed of.

( MANGESH S. PATIL, J. ) mkd 1/1