The Returning Officer Shrigonda Aseembly Constituency Shrigonda Ahmednagar v. Ghanshyam Prataprao Shelar Another

1 ca-8044-2020 in EP-26-19.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8044 OF 2020 IN ELECTION PETITION NO. 26 OF 2019 The Returning Officer 226 Shrigonda Assembly Constituency Shrigonda, Dist. Ahmednagar ... Applicant

Versus

Ghanshyam Prataprao Shelar and another ... Respondents ....

Mr. Alok Sharma, Advocate for the applicant Mr. J. R. Shah, Advocate for respondent No.1 Mr. R. L. Kute, Advocate h/f Mr. V.S. Kadam, Advocate for respondent No.2 ....

CORAM : R. G. AVACHAT, J.

DATED : 25th JANUARY, 2021 PER COURT :- .

Heard.

2.

The Returning Officer, 226 Shrigonda Assembly Constituency, district Ahmednagar, has moved this application for permission to remove Electronic Voting Machines (EVM) from the strong room.

2 ca-8044-2020 in EP-26-19.doc 3.

Perused the application and the Election Petition. Election of the return candidate - respondent No.2, is sought to be set aside on the ground of his alleged indulgement in corrupt practices. The Election Commission is not a party to the Election Petition. Nothing has been attributed regarding conduct of elections by the Commission.

4.

I see no reason to keep EVMs in strong room. There are no allegations regarding tampering of EVMs. In this view of the matter, the application is allowed in terms of prayer clause "B". [ R. G. AVACHAT, J. ] SMS