Madras High Court
This Application Has Been Filed By The vs Electronic Voting Machines Used For The ...
Author: V. Bharathidasan
Bench: V. Bharathidasan
O.A.No.635 of 2021
in ELP No.6 of 2021
O.A.No.635 of 2021
in
E.L.P.No.6 of 2021
V. BHARATHIDASAN, J.
This application has been filed by the respondents 15 and 16 in the main Election Petition, namely, the Returning Officer No.VI, Orleanpet Assembly Constituency at Union Territory of Puducherry and the Election Commission of India to permit the applicants to release the Electronic Voting Machines used for the elections in No.16 Orleanpet Constituency at Union Territory of Puducherry, which election is challenge in the above Election Petition, for use of the Election Commission of India.
2. The first respondent herein, filed the Election Petition to declare the election of the second respondent herein in the above mentioned Assembly Constituency, as null and void and consequently, to declare that the Election petitioner has been duly elected in the said Constituency. In the above Election Petition, notice was ordered and the petition is pending.
3. In view of the pendency of the Election Petition, as per ECI guidelines/directions, the Electronic Voting Machines (EVMs) that are used in the above said Election are now preserved in the Office of the https://www.mhc.tn.gov.in/judis 1/3 O.A.No.635 of 2021 in ELP No.6 of 2021 District Election Officer. Now, the Electronic Voting Machines are required to be used in other elections, hence, this petition.
4. Mr.Niranjan Rajagopalan, learned counsel for the applicants would submit that the present application has been filed mainly on the ground that, since the Election has been challenged in the Election petition, the applicants are not in a position to use the Electronic Voting Machine for another election. Further, he would submit that the Electronic Voting Machine is not in dispute in the Election petition, hence, the applicants may be permitted to release the Electronic Voting Machines enabling the authorities to use the same in the forthcoming elections.
5. The learned counsel appearing for the first respondent/Election petitioner has no objection for allowing this application.
6. Considering the above circumstances, this application is allowed. The applicants are permitted to release the Electronic Voting Machines, for use of the same in forthcoming elections. No costs.
03.12.2021 (2/2) rsi https://www.mhc.tn.gov.in/judis 2/3 O.A.No.635 of 2021 in ELP No.6 of 2021 V. BHARATHIDASAN, J.
rsi O.A.No.635 of 2021 in E.L.P.No.6 of 2021 03.12.2021 https://www.mhc.tn.gov.in/judis 3/3