Patna High Court - Orders
Nitish Mishra vs Gulab Yadav on 22 June, 2017
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Election Petition No.8 of 2015
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Nitish Mishra
.... .... Petitioner/s
Versus
Gulab Yadav
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. S.B.K. Manglam, Adv.
For the Respondent/s : Mr. Siddharth Prasad, Adv.
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
16 22-06-2017Re:I.A.No.3666 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.
Mr. S.B.K. Mangalam, learned counsel appearing on behalf of the election petitioner in reference to the statement made in paragraph 37 of the election petition submits that since one of the issues involved in the present election dispute relates to Patna High Court E.P. No.8 of 2015 (16) dt.22-06-2017 2/2 allegedly bogus votes polled in favour of the sole respondent in booth Nos.26, 27, 28, 34, 53, 98, 109, 110, 120, 136, 203, 204, 214, 215, 222,223, 245, 248, 249, 250, 256 and 257 hence Electronic Voting Machines of the these booths may not be released till the final disposal of the election case.
In the circumstances, the prayer made in the interlocutory application is allowed in part. The District Election Officer is directed to release the Electronic Voting Machines utilized in the election in question except those used at booth Nos. 26, 27, 28, 34, 53, 98, 109, 110, 120, 136, 203,204,214,215,222,223, 245, 248, 249, 250, 256 and 257 in favour of the Chief Electoral Officer.
Interlocutory application No.3666 of 2017 is allowed to the aforementioned extent.
Re: E.P.No.8 of 2015 Put up this case on next appointed day.
(Jyoti Saran, J) Bibhash/-
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