Disposed

Prashant S/O Shyamsundar Mishra v. the District Election Officer/Collector, Bhandara, Gondia Lok Sabha Constituancy, and Another

Bombay HC9 Apr 2014WP/1835/2014

Case brief

AI extract

What is this about?

This petition challenged the schedule of elections and alleged rigging in E.V.M. machines discovered after the election schedule. The Court found several disputed questions arose, leaving contentions open and disposing of the petition without costs.

What did the court decide?

The petition was disposed of with no costs, leaving all disputed contentions open for the petitioner to raise before the appropriate forum.

Prashant S/O Shyamsundar Mishra Vs the District Election… — Election Law | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR .

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WRIT PETITION NO.1835/2014

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Prashant S/o Shyamsundar Mishra

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..V/s..

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The District Election Officer/Collector, Bhandara Gondia Lok Sabha Constituency, Distt. Bhandara and another

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Office Notes, Office Memoranda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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Mr. J.H. Mahajan, Adv. for petitioner with Mr. Prashant

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Mishra, petitioner.

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Mr. N.R. Patil, AGP for respondent no.1.

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CORAM : B.P. DHARMADHIKARI & P.R. BORA, JJ.

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09.04.2014 .

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Heard Shri Mahajan learned advocate for

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the petitioner as also Shri Mishra – the petitioner and

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Shri Patil learned Assistant Government Pleader for respondent no.1.

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Elections are scheduled tomorrow. Prayer

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is as first level checking which should have been done officially by respondent no.2 at least one week in

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advance before the scheduled date of elections was never undertaken. Petitioner was constrained to make repeated requests and because of those requests volunteers of political parties were permitted to undertake random checking of E.V.M. machines. In the time made available about 500 machines could

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be checked and faults were found in 40 machines.

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According to learned advocate the counter check by providing a printer which leaves paper audit therefore is must in such election. As the tampered or rigged E.V.M. machines are being used therefore, elections should either be postponed or cancelled.

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Shri Mishra who holds masters degree in computer science submits that the office of Collector, Bhandara has already complained about tampered or rigged E.V.M. machines and sought guidance. He explains that though each E.V.M. may be tested on center, time available is too short to wipe out earlier data and thereafter to conduct sample checking. He

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has relied upon some expert reports to urge that at least 200 votes need to be cast to find out whether he

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E.V.M. is correctly recording the voters choice. He submits that snag normally develops after such 200 uses of E.V.M.

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He has also taken us through representations made on 7^th

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April, 2014 by him on his behalf to Returning Officer, Bhandara/Gondia district. He has also relied upon the judgment of Hon’ble Apex Court in case of Subramanian Swamy V/s. Election Commission of India reported at (2013) 10 SCC 500 . Guidelines issued by Election Commission of India on use of E.V.M. machines in elections are also pressed into service by him.

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He also adds that elections scheduled on 10^th April, 2014 can be postponed and after proper checking of E.V.M. machines the fresh schedule before 16^th May, 2014 can again be declared.

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Learned A.G.P. submits that there is a constitutional bar to interference at this belated stage.

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We find that several disputed questions

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arise which cannot be gone into at this stage. Hence leaving all those contentions open and with liberty to petitioner to raise same at proper juncture before appropriate Forum, we dispose of the petition. No

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costs.

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JUDGE JUDGE

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Tambaskar.

Prashant S/O Shyamsundar Mishra v. the District Election Officer/Collector, Bhandara, Gondia Lok Sabha Constituancy, and Another

Case brief

What is this about?

What did the court decide?

Prashant S/O Shyamsundar Mishra v. the District Election Officer/Collector, Bhandara, Gondia Lok Sabha Constituancy, and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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