Patna High Court - Orders
Asha Devi vs Saroj Yadav @ Saroj Kumar on 22 June, 2017
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Election Petition No.6 of 2015
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Asha Devi
.... .... Petitioner/s
Versus
Saroj Yadav @ Saroj Kumar
.... .... 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
31 22-06-2017Re:I.A.No.3664 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 Patna High Court E.P. No.6 of 2015 (31) dt.22-06-2017 2/2 application is allowed. The District Election Officer is directed to release the Electronic Voting Machines utilized in the election in question in favour of the Chief Electoral Officer.
Interlocutory application No.3665 of 2017 is accordingly allowed.
Re: E.P.No.6 of 2015 It is stated at the bar that today is a date fixed for evidence of the sole respondent Saroj Yadav @ Saroj Kumar.
Mr. Suman Kumar Jha learned counsel appearing on his behalf shows a medical prescription dated 21.6.2017 to submit that the sole respondent Saroj Yadav is ailing and the doctor advised him 5 days bed rest which expires on 26.6.2017.
In the circumstances, the prayer is allowed and the matter is posted to 29.6.2017 for the evidence of the sole respondent with the clear stipulation that if he does not present himself for examination his evidence would be closed.
Let the photocopy of the medical prescription be maintained in the record of the proceeding.
(Jyoti Saran, J) Bibhash/-
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