Madhya Pradesh High Court
Dataram Mahour vs Union Of India on 7 April, 2017
1
W. P. No.2236/2017
(Data Ram Vs. Union of India & Others)
7.04.2017
Shri Ajit Singh Bhadhoriya, Advocate for the petitioner.
Shri D.K. Katare, Advocate for respondents no. 1 to 2.
Shri Praveen Newaskar, Govt. Advocate for respondents no. 3 to 5.
1. The writ jurisdiction and as well as the power of superintendence under Article 226 and 227 respectively of the Constitution of India are invoked for seeking the following reliefs:-
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2. Learned counsel for the rival parties are heard.
3. Grievance of the petitioner raised herein is that at the time of checking and verifying the proper functioning of the electronic voting machines to be used for the Assembly By-elections MP Legislative Assembly, Ater, for which polling is to be held on 9 th of April, 2017, certain malfunctioning was discovered. It is thus sought by way of this petition that polling to the said by-election be held by way of Ballet papers and not with the aid of EVM Machine.
4. Annexure P-1 issued by the District Election Officer (Collector) District Bhind dated 9.3. 2017 is the notification 2 W. P. No.2236/2017 declaring election programme for the said by-election which was issued on 14.3.2017 whereafter the nomination were accepted till 23.1. 2017 and after examination and withdrawal of nominations the polling is scheduled for 9th of April, 2017. The present petition has been filed on 3.4. 2017 and has come up for hearing today for hearing today when the polling is to be held day after tomorrow.
5. This court is of the considered view that at this late stage of the process of election which has advanced to the stage of polling, any interference made would cause disturbance to the process of election.
6. The Apex Court time and again, has laid down that elections which are foundation of democratic polity ought not be disturbed unless rampant irregularity is demonstrated which renders the election a mere farce. The interference in election ought to be eschewed especially when the process of election has begun. The constitution under Article 329 prohibits any such interference. The decisions of the Apex Court in the cases of Election Commission of India v. Ashok Kumar and Ors reported in ( 2000) 8 SCC 216 and Ashok Shankarrao Chavan v. Madhavrao Kinhalkar reported in (2014) 7 SCC 99 are worthy of reference.
7. In view of the above, this Court without entering into the merits of the case declines interference.
8. Accordingly the present petition stands dismissed.
(Sheel Nagu) (S.A. Dharmadhikari)
Judge Judge
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