This PIL challenged the use of EVMs in the Maharashtra Legislative Assembly elections. The Court noted the matter was pending before the Apex Court and was not inclined to entertain the petition, disposing of it accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
87.19pil
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO.87 OF 2019
Vijaykumar s/o Chhaganrao Sarode
..PETITIONER
VERSUS
The Union of India & ors.
..RESPONDENTS
Mr S. S. Kazi, Advocate holding for Mrs Fatema S. Kazi, Advocate for petitioner;
Mr Alok Sharma, Advocate for respondent No.1 Smt. G. L. Deshpande, A.G.P. for respondent No.2 & 3
CORAM : PRASANNA B. VARALE AND R. G. AVACHAT, JJ.
DATE : 23rd July, 2019
ORAL ORDER:
The present petition is filed in this Court styled as a public interest litigation. The petitioner, who is a practicing advocate raises a challenge of use of Electronic Voting Machines in the process of elections of Maharashtra Legislative Assembly scheduled in OctoberNovember, 2019 and the prayers there of are prayer clauses (C), (D) and interim prayer clause (E) which read thus:
"(C) By appropriate writ or direction the respondent may kindly be directed to use ballet papers for the Forth coming Elections of Maharashtra Legislative Assembly (Vidhan Sabha) of October - November 2019.
(2)
87.19pil
(D) By issuing writ or any other direction in like nature, the respondents be directed not to take elections, henceforth through EVM.
(E) Pending hearing and final disposal of this Petition the Respondent Nos.1 & 2 be directed to start the process of taking Election through ballet paper for Forth coming Election of Maharashtra Legislative Assembly (Vidhan Sabha) of October - November 2019."
(R. G. AVACHAT, J.) (PRASANNA B. VARALE, J.)
sjk
Vijaykumar s/o Chhaganrao Sarode
The Union of India
Prasanna B. Varale
R. G. Avachat
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
