Deputy Collector, Election Deciding Officer v. Jiva Pandu Gavit and 9 Ors.
Case brief
What is this about?
Election Petition No.34 of 2025, Bombay High Court, N.J. Jamadar J., 06-10-2025; deletion of unnecessary Respondent Nos.7 to 9 under Section 82 Representation of the Peoples Act 1959 (as printed); release of EVMs — 348 Ballot Units and 348 Control Units in custody of District Election Officer; Rule 92(1A) Conduct of Elections Rules 1961 — control units not to be opened/inspected except under orders of competent Court; Petitioner's right to summon election record kept open; rejection of election petition application by returned candidate Nitin Arjun Pawar adjourned to 12 November 2025; counsel Ajinkya Jaibhave (Petitioner), Joel Carlos (Respondent No.1/Applicant AEP 21), Abhijit Kulkarni with Gourav Shahane, Abhishek R., Shreyas Zarkar, Sweta Shah (Respondent Nos.7-9/Applicant AEP 22).
What did the court decide?
Application No.22 of 2025 allowed in terms of prayer clauses (b) and (c) (deletion of Respondent Nos.7 to 9 and release of the EVMs comprising 348 Ballot Units and 348 Control Units) and stands disposed; Petitioner's right to file an application to summon the record from the Election Officer kept open. On Application No.21 of 2025 (rejection of the Petition), affidavit in reply to be filed within two weeks with copy served on Respondent No.1, rejoinder within one week thereafter; stand over to 12 November 2025.