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[Cites 2, Cited by 1]

Himachal Pradesh High Court

Anil Dhiman vs . Suresh Kumar on 14 September, 2023

Author: Sandeep Sharma

Bench: Sandeep Sharma

Anil Dhiman vs. Suresh Kumar .

Election Petition No.1 of 2023 14.09.2023 Present Mr. R.K.Sharma, Senior Advocate with Ms. Anita Kashyap, Advocate, for the petitioner.

Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rajesh Kumar, Advocate, for respondent No.1.

of Respondents No.2 to 4 ex-parte.

Mr. Ankush Dass Sood, Senior Advocate with Mr. Arjun Lal, Advocate, for respondent No.5. rt Written statement filed on behalf of respondent No.1 is lying under objection. Learned counsel representing respondent No.1 may check with the Registry and re-file the same on or before the next date of hearing. Replication to aforesaid written statement is also stated to have been filed but the same is not on record. Registry to trace and place the same on record, if in order.

List on 11.10.2023.

EMP No.19 of 2023

Though, pleadings in the application are complete, but on the joint request of learned counsel for the parties, list the same for consideration on 11.10.2023.

EMP No.12 of 2023

By way of instant application filed under Rule 94(aa) of the Conduct of Elections Rules 1961 read with Section 151 of CPC, prayer has been made on behalf of the applicant/respondent No.5 for release of EVM/VVPATs kept in the safe custody in strong rooms/warehouses with respect to Bhoranj assembly, District Hamirpur, H.P. ::: Downloaded on - 14/09/2023 20:37:48 :::CIS Non-applicant/petitioner has filed reply to the .

application, wherein it has been stated that one EVM machine of Booth No.95 may be kept in safe custody, whereas remaining EVM can be ordered to be released.

In view of the afore fair stand taken by learned of counsel for the non-applicant/petitioner, present application is allowed and concerned authority is directed to release all the EVM/VVPATs kept in the safe custody, except EVM rt machine pertaining to Booth No. 95, in favour of the Election Commission of India. Application stands disposed of.

(Sandeep Sharma) Judge September 14, 2023 (Shankar) ::: Downloaded on - 14/09/2023 20:37:48 :::CIS