Uttarakhand High Court
ELEP/1/2017 on 1 March, 2023
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
MCC No. 12790 of 2023 In ELEP No. 1 of 2017
With
MCC No.14960 of 2023 in ELEP No.2 of 2017
MCC No.14959 of 2023 in ELEP No.3 of 2017
MCC No.14956 of 2023 in ELEP No.5 of 2017
MCC No.14958 of 2023 in ELEP No.7 of 2017
MCC No.14963 of 2023 in ELEP No.8 of 2017
MCC No.14962 of 2023 in ELEP No.4 of 2017
MCC No.15823 of 2023 in ELEP No.6 of 2017
MCC No.14962 of 2023 in ELEP No.9 of 2017
Hon'ble Sharad Kumar Sharma, J.
Mr. Rahul Consul, Mr. Ravindra Singh Bisht,
and Mr. Jitendra Chaudhary, Advocates, for the
petitioner.
Mr. Rakesh Thapliyal, Senior Advocate, Mr.
P.C. Petshali and Mrs. Anjali Bhargava, Advocates,
for the respondents.
This order is being passed with the consent of
the learned counsel for the parties.
These Election Petitions, have already been
finally decided by the respective Benches by the
judgment dated 24th September, 2021, 8th
December, 2020, 11th July, 2017, 16th December,
2020 and 30th July, 2018, respectively.
Today, the matter is listed on Misc.
Applications, filed by the District Election Officer,
which have been detailed above, thereby praying
for, that the EVMs and VVPATs, which have been
kept in double lock and keys, that may be released
because keeping them in safe custody now would
not be required at all at this stage, because the
Election Petitions have attained finality after their
dismissal by the respective judgments referred to
hereinabove.
Almost akin situation has arisen in Election
Petition No. 1 of 2017, wherein, MCC No. 12790 of
2023, was filed by the District Election Officer,
praying for release of EVMs and VVPATs
machines with respect to the respective
parliamentary constituencies, which was kept in
double lock and keys.
This Court by the order of 9th January, 2023,
had issued the following directions :-
"In view of the aforesaid statement made by
the learned counsel for the petitioner, the
MCC/16900/2023 would stand allowed, and the
Registrar General is directed to inform the District
Election Officer, Haridwar, that he is permitted to
take out the EVM and VVPATs machines, which
had been kept in the Strong Room in relation to the
Lok Sabha General Election of 2019 and hand it
over to the Election Commissioner."
These Applications preferred by the District
Election Officer too would stand disposed of under
the same terms and conditions, with the direction to
the Registrar General to inform the respective
District Election Officer, permitting to release all
EVMs and VVPATs, which are kept in strong room
in relation to the respective election, which is
subject matter in the Election Petitions, which has
already been decided by this Court.
Subject to the aforesaid, the Misc.
Applications, as preferred, would stand disposed of.
Let copy of the order be placed in each
connected Election Petition.
(Sharad Kumar Sharma, J.)
Dated 01.03.2023
Shiv
