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Bhoomi Chattar Singh Rachhoya vs Dharampal Lakra & Anr on 28 January, 2022

Author: Rekha Palli

Bench: Rekha Palli

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                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      EL.PET. 13/2020

                                 BHOOMI CHATTAR SINGH RACHHOYA
                                                                 ..... Petitioner
                                             Through  Mr.Vikas Bapurao Pakhidey, Adv.

                                                       versus

                                 DHARAMPAL LAKRA & ANR              ..... Respondents
                                             Through    Mr.J.P Sengh, Sr. Adv. with
                                             Mr.Shashi Pratap Singh & Mr.R.L.Sinha, Advs.
                                             for R-1.
                                             Ms.Anjana Gosain, Ms.Shalini Nair, Ms.Ritika
                                             Khanagwal, Advs. for R-2.

                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                         ORDER

% 28.01.2022 I.A. 1549/2022

1. Exemption allowed subject to all just exception.

2. The application is disposed of.

I.A. 1548/2022 (release of EVMs)

3. This is an application filed by the respondent no.2 seeking the following reliefs:-

"i. Allow the application and declare that the EVMs and VVPATs presently stored in view of the present Election Petition being the EVMs and VVPATs that were used for recording votes during the election to the assembly election held in February 2020 are no longer required for the purpose Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:30.01.2022 09:45:11 of the present election petition; and consequently, ii. Permit the Applicant to relocate the said EVMs and VVPATs from Strong Room at MPCC, Jaunti to the Warehouse located at MPCC, Jaunti, Delhi and, for recording of votes in the elections to be held in future."

4. Issue notice. Learned counsel for the petitioner and respondent no.1 accept notice and submit that they have no objection to the application being allowed. Even otherwise, it is noted that this Court had on 05.10.2020, while issuing notice in the petition, made it clear that till further orders from this Court, the respondent no.2 shall preserve the records of the election in issue, except the voter-verified paper audit trail (VVPAT), ballot machines and ballot papers etc.

5. In the light of the aforesaid, the application is allowed and the respondent no.2 is free to deal with the VVPATs and EVMs in the manner it deems fit.

6. The application is, accordingly, disposed of. I.A. 13575/2021 (application by respondent no.1 for condonation of delay)

7. This is an application filed by the respondent no.1 under Section 5 of the Limitation Act, 1963 read with Section 151 of the CPC, seeking condonation of delay in filing a reply to the Election Petition.

8. Though a reply has been filed by the petitioner opposing the same, after some arguments, learned counsel for the petitioner, on instructions, submits that in order to ensure an expeditious hearing of the main petition, he has no objection to the application being allowed, subject to costs.

9. In the light of the aforesaid stand and without delving into the rival stand of the parties on aspects of delay, the application is allowed subject to costs of Rs.1 lakh payable to the Delhi High Court Bar Association Pandemic Relief Fund. The cost be paid within two weeks from today.

10.The reply already filed by the respondent no.1 along with the documents on 16.09.2021, is taken on record and the application is, accordingly, disposed of.

I.A. 11717/2021(application by the petitioner under order VIII Rule 10)

11.This is an application filed by the petitioner under Order VIII Rule 10 read with Section 151 CPC alongwith Section 86 & 87 of the Representation of the People Act, 1951 with a prayer to close the right of respondent no.1 to file a reply.

12.In view of the order passed in I.A. 13575/2021 hereinabove, the present application is rendered infructuous and is, accordingly, disposed of.

13. Learned counsel for the petitioner prays for and is granted four weeks' time to file an affidavit of admission/denial, clearly admitting or denying the documents filed by the respondent no.1.

14.The respondent no.1 will also file a similar affidavit in the same time.

15.List on 01.04.2022.

REKHA PALLI, J JANUARY 28, 2022/kk Signature Not Verified Signed By:GARIMA MADAN Location: Signing Date:30.01.2022 09:45:11