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Patna High Court - Orders

Binodanand Sah vs Shakil Ahamad Khan & Ors on 22 June, 2017

Author: Jyoti Saran

Bench: Jyoti Saran

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       Election Petition No.5 of 2015
                  ======================================================
                  Binodanand Sah
                                                                       .... .... Petitioner/s
                                                   Versus
                  Shakil Ahamad Khan & Ors
                                                                      .... .... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :     Mr. Lakshmi Kant Tiwary, Adv.
                  For the Respondent/s     :   Mr. Siddharth Prasad, Adv.

                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
                  ORAL ORDER

31   22-06-2017

Re:I.A.No.3663 of 2017 Learned counsel for the parties are present. This interlocutory application has been filed on behalf of the proposed intervenor the Chief Electoral Officer who while seeking impleadment in the present matter prays for appropriate direction to release the Electronic Voting Machine utilized in the election process which is put to question in the present proceeding by submitting that since the election dispute does not raise any doubt relatable to counting of the votes, the Electronic Voting Machines which remains in the custody of the District Election Officer be released in his favour.

Counsel for the contesting parties do not dispute this position.

In the circumstances, the prayer made in the interlocutory application is allowed. The District Election Officer is directed to Patna High Court E.P. No.5 of 2015 (31) dt.22-06-2017 2/2 release the Electronic Voting Machines utilized in the election in question in favour of the Chief Electoral Officer.

Interlocutory application No.3663 of 2017 is accordingly allowed.

Re: E.P.No.5 of 2015 Heard in part.

Put up this case on next appointed day for further hearing.

(Jyoti Saran, J) Bibhash/-

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