BITA Vs. NANAJI SITARAM SHAMKULE

JUDGEMENT

(1.) (Order below Issue No.2 and 5 on preliminary point). This is an election petition filed against the returned candidate by the petitioner who had contested from Chandrapur-71i Assembly Constituency.

(2.) The challenge to the declaration in favour of the returned candidate is mainly on the ground of the information received by petitioner about the unreliability of the Electronic Voting Machines and susceptibility of the Electronic Voting Machines to tampering and petitioner's own knowledge that at 160 booths referred to in paragraph No. 19 of Election Petitions, the EVMs were actually ridged/ tampered.

(3.) Considering the rival contentions, issues were framed in relation to lack of disclosure of adequate grounds for challenging the election. Issue no.2 reads as follows: