Bombay High CourtCAO/1690/2019admittedallwdgrantedrule absolute

Nandesh @ Nandkumar Sheshrao Ambadkar v. The Election Commission Of India Through Its Chairman, New Delhi And Others

2019-09-09Hon'Ble Shri Justice Z.A. Haq2 pages

1 cao1690.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAO NO. 1690/2019 IN ELECTION PETITION NO. 11/2019 Nandesh @ Nandkumar Sheshrao Ambadkar ..VS..

ECI & ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D. Chopde, Advocate for the petitioner Shri S.Y. Deopujari, GP with Shri N.R. Patil, AGP for Resp. no. 2 - Returning Officer CORAM : Z.A.HAQ, J.

DATED : 09/09/2019 Returning Officer was impleaded as respondent no. 2 in this election petition. By the order dated 21/08/2019, this Court directed that the respondent no. 2 - Returning Officer be deleted from the array of respondents. Today, Civil Application (O) No. 1690/2019 is filed by the Returning Officer stating that EVMs and VVPAT machines are presently stored in some private godown complex which is hired on rent, and permission is sought to remove the EVMs and VVPAT machines from that godown to warehouses at Collectorate, Amravati. Copy of the civil application is served on the advocate for the petitioner. The advocate for the petitioner states that the petitioner does not have any objection for shifting of the EVMs and VVPAT machines as stated in the civil application.

2 cao1690.19 In view of the above, the civil application is allowed. No costs.

ELECTION PETITION NO. 11/2019 Pursuant to the order passed by this Court on 21/08/2019, the registry has submitted report stating that the election petition is presented within the prescribed period of limitation, amount of Rs. 2,000/- is deposited as security for costs, affidavit of the petitioner is sworn before the Registar (J.) of this Court, the election petition is attested by the petitioner under his own signature and additional two copies of the election petition attested by the petitioner are supplied. Issue notice / summons to the respondent no. 3, returnable on 09/10/2019 at 2:30 pm.

In addition to the usual mode, the respondent no. 3 shall be served with summons alongwith copy of the election petition by registered post acknowledgment due. CIVIL APPLICATION (O) NO. 1683/2019 Issue notice to the respondent no. 3, returnable on 09/10/2019 at 2:30 pm.

JUDGE Ansari