Allowed

The Election Commission of India v. Smti Moon Swarnakar

Gauhati HC4 Jan 2022I.A.(Civil)/1495/2021

Case brief

AI extract

What is this about?

In an interim application filed by the Election Commission of India, a single judge of the Gauhati High Court allowed the EC to collect EVMs and VVPAT machines from a strong room, noting that the election result was not contested as the challenge concerned corrupt practices without affecting the polled votes.

What did the court decide?

Allowed the Election Commission to remove EVMs and VVPAT machines from custody; directed the Deputy Commissioner to observe security protocols.

The Election Commission of India Vs Smti Moon Swarnakar — Election Law | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010161522021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A.(Civil)/1609/2021

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NIJAM UDDIN CHOUDHURY

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S/O LATE ISHUB ALI CHOUDHURY RESIDENT OF VILLAGE PANCHAGRAM, PS PANCHAGRAM, PO PANCHAGRAM, DIST HAILAKANDI, ASSAM 788802

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VERSUS

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MOON SWARNAKAR

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W/O ASHOK VERMA AND D/O LATE BIJOY BAHADUR SWARNAKAR, RESIDENT OF VILLAGE VIDYANAGAR (CHUNATIGOOL CHA BAGAN) PO BIDYANAGAR, PO RAMKRISHNA NAGAR, DIST KARIMGANJ, ASSAM 788734

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Advocate for the Petitioner : MR K P PATHAK

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Advocate for the Respondent : MR P NAYAK

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Linked Case : I.A.(Civil)/1495/2021

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THE ELECTION COMMISSION OF INDIA REP. BY THE CHIEF ELECTION COMMISSION OF INDIA HAVING ITS OFFICE AT NIRVACHAN SADAN ASHOKA ROAD NEW DELHI

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Page No.# 2/4

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VERSUS

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SMTI MOON SWARNAKAR W/O ASHOK VERMA AND D/O LATE BIJOY BAHADUR SWARNAKAR RESIDENT OF VILLAGE VIDYANAGAR (CHUNATIGOOL CHA BAGAN) PO BIDYANAGAR PO RAMKRISHNA NAGAR DIST KARIMGANJ ASSAM 788734

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-----------Advocate for : SC ECI Advocate for : MR P NAYAK appearing for SMTI MOON SWARNAKAR

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BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA

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ORDER

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04.01.2022

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Heard Mr. A.I. Ali, learned counsel for the applicant as well as Mr. R. Borpujari, learned counsel for the opposite party.

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This IA has been filed by the Election Commission of India with a prayer to allow the applicant to open the strong room and to remove the electronic voting machine (EVMs) and the Voter Verified Paper Audit Trail (VVPAT) machine for future use.

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The learned counsel for the opposite party has serious objection to the application and in this connection he has referred to the affidavit-in-opposition filed on 01.12.2021. it is submitted that as per the circular dated 15.07.2016 and 12.09.2019 issued by the Election Commission of India, every voting machine is required to be kept untouched under the standard protocol of

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security till confirmation of election petition from the High Court after completion of the period of filing election petition i.e. 45 days from the declaration of result. It is submitted that in view of the orders passed by the Supreme Court of India in connection with SMW(C) 3/2020 and miscellaneous applications filed therein, the period of limitation has been extended in terms of the orders so passed.

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Considered the objection field by the opposite party, in this regard it is seen from the election petition filed by the opposite party that there is no dispute as regard to the votes polled/ casted in the said election to No.8 Algapur Legislative Assembly Constituency and that the challenge is made on the ground of corrupt practice, undue influence, improper acceptance which have materially affected the election.

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Therefore, as the votes polled the election is not under dispute, the Court is inclined to allow this IA by allowing the Election Commission of India to remove the EVM and VVPAT machines from the custody of the Deputy Commissioner, Hailakandi kept in the strong room under the said authority.

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The Deputy Commissioner, Cachar shall observe the requisite security protocol while releasing the said EVM and other machines.

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This IA stands disposed of.

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JUDGE

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Comparing Assistant

The Election Commission of India v. Smti Moon Swarnakar

Case brief

What is this about?

What did the court decide?

The Election Commission of India v. Smti Moon Swarnakar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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