The Election Commission of India vs Sadanand Sarvankar — Bombay HC (2025) — LawSathi Research

The Election Commission of India vs Sadanand Sarvankar — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed in terms of prayer clauses (a) to (d): the Election Commission of India was declared neither a necessary nor proper party to Election Petition No.11 of 2025 and its name was ordered deleted as a party with consequential amendments (within one week); the EVMs comprising 249 Ballot Units and 249 Control Units in the custody of the District Election Officer were declared unnecessary for adjudication and ordered released; re-verification dispensed with; application stands disposed of.

Issue for consideration

Whether the Election Commission of India (Applicant/Respondent No.6) is a necessary or proper party to Election Petition No.11 of 2025 and whether its name should be deleted as a party. +1 more

Court's answer

The application not being opposed, the Court allowed Application No.13 of 2025 in terms of prayer clauses (a) to (d), thereby declaring the Election Commission of India neither a necessary nor proper party to the election petition, ordering deletion of its name as a party, declaring the EVMs unnecessary for adjudication and directing their release.

Ratio / Principle

On the fair submission of the Petitioner and other Respondents that the issue of Electronic Voting Machines would not arise in the present election petition, the EVMs (249 Ballot Units and 249 Control Units) in the custody of the District Election Officer were held capable of release.

Key takeaways

Consequential amendments to delete the Election Commission of India as a party were to be carried out within one week, and re-verification was dispensed with.ratio¶22

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (Arif S. Doctor, J.), in Application No.13 of 2025 in Election Petition No.11 of 2025 (Sadanand Sarvankar v. Mahesh Baliram Sawant and others): Allowed, and disposed of, the unopposed application of Respondent No.6, the Election Commission of India, in terms of prayer clauses (a) to (d). Recording the concession of the Petitioner and other Respondents that the issue of Electronic Voting Machines would not arise in the election petition, the Court declared the Election Commission of India neither a necessary nor proper party to the election petition, directed deletion of its name as a party with consequential amendments to be carried out within one week, declared the EVMs comprising 249 Ballot Units and 249 Control Units lying in the custody of the District Election Officer unnecessary for the adjudication of the dispute, and directed their release; re-verification was dispensed with.

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.

P.C. :

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 Digitally signed bySHAILAJA SHRIKANT SHRIKANT HALKUDE Date: 2025.07.30 HALKUDE 19:19:52 +0530

1 of 2

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.

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.]

2 of 2