PUSHPA DEVI Vs. PUSHPA & OTHERS

JUDGEMENT

(1.) Election petitioner-Pushpa Devi wife of Pala Ram has filed this revision petition under Article 227 of the Constitution of India impugning order dated 07.10.2011 Annexure P-6 passed by learned trial Court thereby dismissing application Annexure P-4 moved by the election petitioner for summoning of Electronic Voting Machine (EVM)

(2.) Stand of respondent No.1 is that although the nomination paper by respondent No.1 was filed as Pushpa, but before the polling, she changed her name as Pushpa Devi and accordingly her name was also entered as Pushpa Devi in ballot paper/EVM and therefore, petitioner and respondent No.1 were correctly shown at serial Nos.4 and 5 respectively in the ballot paper/EVM.

(3.) The petitioner in her application Annexure P-4 alleged that in the EVM, name of respondent No.1 was mentioned as Pushpa and not as Pushpa Devi and to only ascertain the pattern of ballot paper fed in the EVM, the same is required to be summoned.