Kishor S/O Uttamrao Gajbhiye v. The Election Commission Of India, Through Chief Election Commissioner, New Delhi And Others

2024:BHC-NAG:8760

1. EP 13 of 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR ELECTION PETITION NO.13/2019 Kishore son of Uttamrao Gajbhiye ...Versus...

The Election Commission of India, through Chief Election Commissioner, Delhi 110001 and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. P.S. Wathore, Advocate for petitioner Ms Neerja Chaubey, Advocate for respondent nos.1 and 2 Mr. I.J. Damle, AGP for respondent nos.3 to 10/State Mr. Nilesh M. Gaidhane, Advocate for respondent no.11 CORAM : AVINASH G. GHAROTE, J.

DATE : 09/08/2024 1.

Mr. Wathore, learned counsel for the petitioner, upon instructions submits, that on account of expiry of the term of five years of the election for the Ramtek Parliamentary Constituency held on 11/04/2019, the petition has become infructuous.

2.

Statement is accepted as a statement to the Court, in view of which, the election petition is dismissed as infructuous. The Electronic Voting Machine (EVM) and Voter Verifiable Paper Audit Trail (VVPAT) machines be returned to the Election Commission of India for future use. Insofar as prayer clause (ii) is concerned, since an FIR is already lodged, it will take its own course. No order as to costs.

(AVINASH G. GHAROTE, J.) Wadkar