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Showing contexts for: electronic voting machine in Election Commission Of India vs Joshi Kamleshkumar Ranchhodbhai on 25 August, 2023Matching Fragments
1. This application is filed by the Election Commission of India and Election Officer, Gandhinagar (North), 36, Vidhan Sabha Mat Vistar and Prant Officer, Gandhinagar with a prayer to release the Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trails (VVPATs) which are kept in safe custody due to the pendency of the Election Petition No. 10 of 2023.
2. Heard Mr. Sahil M.Shah, learned advocate for the applicants, Mr.Brahmbhatt, learned advocate appearing for Mr.Kirtan H.Mistry, learned advocate for the respondent No.3 and Ms. Ratna Vora, NEUTRAL CITATION C/EA/15/2023 ORDER DATED: 25/08/2023 undefined learned advocate for the respondent No.1-original petitioner.
3. Mr.Sahil M.Shah, learned advocate for the applicants has submitted that the Election Commission of India under Rule 94(AA) of the Conduct of Election Rules, 1961 had instructed that in the election petitions where, there is no challenge with regard to the electronic voting machines directly or no prayer is made out for recounting of votes, in such cases, an application may be moved seeking permission of the High Court for release of the electronic voting machine from the safe custody of the concerned District Election Officer during the pendency of the election petition.
4. It was submitted that the Election Commission of India would requires such Electronic Voting Machines for the use in the ensuing elections and the preparatory steps of first level checking of such machines by the engineer of the Commission would be required well in time for the proper functioning in the forthcoming elections.
5. It was further submitted that the challenge in the election petition does not pertain directly to counting/recounting of votes and therefore, Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trails (VVPATs) are not directly involved.
6. Learned advocate Ms.Ratna Vora for the respondent No.1 has submitted that in the election petition, there is no challenge to the counting/recounting of votes and no prayer is made with regard to the Electronic Voting Machines and therefore, the same may be ordered to be released.
7. Considering the above submissions, this application is allowed. Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trails (VVPATs) are ordered to be released from the safe custody of the Election Officer during the pendency of the election petition.