The Returning Officer, 17-Parbhani ... vs Alamgir Mohammad Khan on 26 September, 2019
(Order) (6) EPAP Nos. 045 & 048 of 2019
Further, there is absolutely no reason as to why the
same machines, the Election Commission wants to use
in this assembly elections when other machines are
available. The petitioners have challenged the
election on one of the ground, that there was
tampering with the machines and under such
circumstance, the data is required to be preserved.
The said electronic evidence is in fact, primary
evidence and therefore, till the adjudication is
made, those machines are required to be preserved in
the same state. He tried to rely on the decision by
Kerala High Court in K.M. Karim Vs. V.K. Shanavas & others
[OP(C) No.1644 of 2016 (O)] decided on 27th July 2016,
wherein the Kerala High Court reversed the rejection
of application for summoning EVMs before the Court
and then proceeded to direct the District Election
Officer, in whose custody the EVMs were kept, to
produce the same and help the Court to decode the
data available in those EVMs.