The Election Commission Of India v. Sadanand Sarvankar

1 2-AEP-13-2025.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPLICATION NO.13 OF 2025 IN ELECTION PETITION NO.11 OF 2025 The Election Commission of India ] Applicant In the matter between:

Sadanand Sarvankar ] Petitioner Vs.

Mahesh Baliram Sawant and others ] Respondents ----- Mr. Sagar Ghogre a/w Mr. Sarvesh Gawade i/b Mr. Sandip Ghogre, for Petitioner.

Mr. Amit A. Kanade, for Applicant/Respondent No.1. Ms. Naira Jeejebhoy a/w Mr. Arun Panickar and Vinay Nair, for Respondent No.6.

----- CORAM :

ARIF S. DOCTOR, J.

th July, 2025.

DATE :

P.C. :

1.

Application No.13 of 2025 is being filed by Respondent No.6 (The Election Commission of India) and seeks the following reliefs; "a. This Hon'ble Court be pleased or order and declare that the Applicant is neither a necessary nor proper party to the present Election Petition;

SHAILAJA SHRIKANT HALKUDE SHAILAJA SHRIKANT HALKUDE Date: 2025.07.30 19:19:52 +0530

2 2-AEP-13-2025.doc b. This Hon'ble Court be pleased to delete the name of the Applicant as a party to the present Election Petition and all consequential amendments be made;

c. This Hon'ble Court be pleased to declare that the EVM's consisting of 249 Ballot Units and 249 Control Units which are kept in the custody of District Election Officer are not necessary for the adjudication or determining the dispute in the above Election Petition;

d. This Hon'ble Court be pleased to release of EVM's consisting of 249 Ballot Units and 249 Control Units which are kept in the custody of District Election Officer.

2.

The application is not opposed by the Petitioner or the other Respondents. It is fairly submitted by the Petitioner and other Respondents that in the present petition issue of Electronic Voting Machines (EVM) would not arise and thus the same can be released. Recording this, Application is allowed in terms of prayer clauses (a) to (d). Amendment to be carried out within one week from today. Re-verification shall be dispensed with. 3.

Application stands disposed of.

[ARIF S. DOCTOR, J.]