Dhanraj S/O Raghunath Mungle v. The Chief Electoral Officer, Maharashtra General Administrative Department, Mumbai And Others

1 33 ep 15-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.437/2021 IN ELECTION PETITION NO.15/2019 Dhanraj Raghunath Mungle Vs.

The Chief Electoral Officer, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri I.G. Meshram, Advocate for petitioner Shri G.S. Singh, Advocate h/f Shri S.P. Bhandarkar, Advocate for respondent no.1 Ms Shamsi Haider, AGP for respondent Nos.2 and 3 CORAM :

SMT. M.S. JAWALKAR, J.

DATED :

23/02/ The present application is filed by respondent Nos.2 and 3 for releasing the EVMs and VVPATs for shifting the same from the present location to any other suitable location so as to make them free for using in future for other elections.

2.

The learned Counsel for petitioner filed his reply and pointed out that there is allegation of voting tallied of Shankarpur Panchayat Samiti circle states 5942 male votes and 5720 female votes and total voting shows 11662, but in fact it ought to be figure 11652, which is shown more by 10 votes. Thus there is discrepancies in the said votes. As such, these machines are required to demonstrate that there were

2 33 ep 15-2019 defective votes. Hence, I am satisfied that at this juncture, release of machines may not be in the interest of parties. As such application stands rejected.

3.

At the request of learned Counsel for petitioner, stand over to 02/03/2023.

JUDGE R.S. Sahare Signed By:RANJANA SAMEER SAHARE