Madhya Pradesh High Court
Masarrat Shahid vs Umakant Sharma on 27 February, 2019
1 EP-23-2019
The High Court Of Madhya Pradesh
EP-23-2019
(MASARRAT SHAHID Vs UMAKANT SHARMA)
3
Gwalior, Dated : 27-02-2019
Shri Ayush Dev Bajpai with Shri Chetan Kanoongo, learned counsel
for the petitioner.
Shri Alok Katare, learned counsel for the intervenor/Election
Commission of India.
Issue notice to respondent on payment of process fee within seven
working days by ordinary as well as RAD mode. Notice be made returnable within four weeks.
Heard on I.A. No.662/2019, which is an application under Section 151 CPC on behalf of Election Commission of India seeking limited intervention for an urgent relief in relation to Electronic Voting Machines and VVPATs.
Learned counsel for the intervenor submits that more than 45 days have been elapsed from the date of election to M.P. State Legislative Assembly, now there is no possibility of any further election petition other than already filed before this Court. In these circumstances, the Commission has passed appropriate instructions in relation to EVMs and VVPATs used in the State Election so that the same can be used in future election. It has been further submitted that Assistant Registrar (O) of this Court has informed that petitioner in present election petition has not raised any issue pertaining to use of Electronic Voting Machines and VVPATs. The Commission of India has to conduct the General Election to the Parliament in recent future for which a large number of electronic voting machines are required. It is prayed that if the EVMs presently stored in view of the present election petition pending disposal before this Court are made available for use to the Commission, the short fall of EVMs for the general election can be substantially met out. Hence, it has been prayed to permit the Election Commission of India to use the said EVMs and VVPATs for recording of votes in the General Election to 2 EP-23-2019 the Lok Sabha from the Parliamentary Constituencies of Madhya Pradesh.
Learned counsel for petitioner has submitted that respondents threatened the District Administration so as to influence the fair and impartial election process, distributed bribes to the voters and sought assistance of government employees for furtherance of the prospectus of the candidate's elections. However, learned counsel for petitioner has fairly admitted that he has not raised any objection or made pleading in the petition with regard to EVMs.
Considering the aforesaid submissions, I.A. No.662/2019 is hereby allowed. It is directed that the Election Commission of India is free to use relevant EVMs and VVPATs with regard to 147, Sironj, District Vidisha Assembly Constituency, for the purpose of recording of votes in the ensuing General Election to the Lok Sabha from the Parliamentary Constituencies of Madhya Pradesh.
Let the matter be listed after service of notice on 03.04.2019. Certified copy as per rules.
(RAJEEV KUMAR SHRIVASTAVA) JUDGE SS SATEESH KUMAR SEN 2019.02.28 13:49:12
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