DELHI HIGH COURT BAR ASSOCIATION Vs. RAJIV KHOSLA

JUDGEMENT

(1.) The challenge in the present petition is to the order dated 31st May, 2019 passed by the ld. Trial Court in an application under Order XXXIX Rules 1 & 2 CPC wherein the Trial Court granted an interim order in the following terms:

(2.) The background of the present petition is that the Respondent No.1/Plaintiff - Mr. Rajiv Khosla (hereinafter, 'Plaintiff') filed a suit challenging the elections held to the Executive Committee of the Delhi High Court Bar Association (hereinafter "DHCBA') on 17th May, 2019. The said suit raises various allegations, which are being considered in the pending proceedings before the ld. Trial Court. For the purpose of conducting the elections, Delhi University had provided Electronic Voting Machines (hereinafter "EVMs") for which charges were borne by the DHCBA. The Plaintiff had moved an application under Order XXXIX Rules 1 & 2 CPC in the said suit seeking preservation of the documentary evidence in the form of videography, EVMs, polling slips, electoral slips, etc. The above order came to be passed in the said application.

(3.) Subsequent to the above order, the Delhi University filed an application before the ld. Trial Court seeking release of the EVMs on the ground that the elections to the Delhi University Students Union (hereinafter "DUSU") are scheduled for 12th September, 2019 and the EVMs are required for the purposes of conducting the DUSU elections. In the said application, the Court issued notice and the matter was listed on 3rd September, 2019. Considering the proximity of the elections, the DHCBA has filed the present petition seeking permission for release of the EVMs to Delhi University.