ELECTION COMMISSION OF INDIA Vs. SURESHBHAI CHHAGANBHAI KATARA

JUDGEMENT

(1.) Heard learned Advocate Mr. Sahil M. Shah on behalf of the applicants, learned Advocate Ms. Jayini Thakore for learned Advocate Mr.Dipen Desai on behalf of opponent no.1 and learned Advocate Ms. Heta Panchal for learned Advocate Ms. Tejal Vashi on behalf of opponent no.2.

(2.) By way of this application the applicants pray for release of the Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPATs) which are kept in safe custody due to the pendency of Election Petition No. 1 of 2021.

(3.) Learned Advocate Mr. Sahil Shah on behalf of the applicants would draw the attention of this Court to a revised instructions on using Electronic Voting Machine (EVM) etc., issued by the applicant- Election Commission of India dtd. 5/12/2017. Learned Advocate Mr.Sahil Shah would submit that as per the instructions after the elections are over the Electronic Voting Machines and VVPATs are kept in safe custody for a period of 45 days i.e the time period for filing of Election Petition before this Court. The instructions further envisage that Electronic Voting Machines and VVPATs used at all polling stations of the constituency shall be kept in safe custody of the District Election Officer in case an Election Petition is filed and shall be kept as such till such time the Election Petition is finally disposed of. Learned Advocate would further submit that if the EVMs or counting of votes are not subject matter of the election petition, as per the instructions an application may be moved to the concerned Court for allowing the EVMs and VVPATs to be taken out from the strong room for future election or for any other purpose.