3900 GI/2023
(249)
रजिस्ट्री सं. डी.एल. (एन) 04/0007/2003—05
REGD. NO. D. L. (N) 04/0007/2003—05
xxxGIDHxxx
xxxGIDExxx
प्राजिकार से प्रकाजित
PUBLISHED BY AUTHORITY
साप् ताजिक
WEEKLY
सं. 7]
नई दिल् ली, िून 25—िुलाई 1, 2023, िजनवार/आषाढ़ 4—आषाढ़ 10, 1945
No. 7]
NEW DELHI, JUNE 25—JULY 1, 2023, SATURDAY/ASADHA 4–ASADHA 10, 1945
इस भाग में जभन् न पृष् ठ संख् या िी िाती िै जिससे दक यि पृथक संकलन के रूप में रखा िा सके
Separate Paging is given to this Part in order that it may be filed as a separate compilation
भाग II—खण् ड 3—उप-खण् ड (iii)
PART II—Section 3—Sub-section (iii)
केन् रीय अजिकाररयों (संघ राज् यक्षेत्र प्रिासनों को छोड़कर) द्वारा िारी दकए गए सािारण आिेि और अजिसूचनाएं
Orders and Notifications issued by the Central Authorities (Other than the Administrations of Union
Territories)
भारत जनवााचन आयोग
अजिसूचना
नई दिल् ली, 22 िून, 2023
आ.अ. 109.—लोक प्रजतजनजित्व अजिजनयम, 1951 (1951 का 43) की िारा 106 (ख) के अनुसरण में,
जनवााचन आयोग एति्द्वारा जनवााचन अिी सं. 12/2019 में दिये गये उच्च न्यायालय ओजडिा, कटक के तारीख
19 अप्रैल, 2023 के आिेि को प्रकाजित करता िै ।
[फा. संं. 82/OR-HP/(12/2019)/2023]
आिेि से,
राकेि कुमार, सजचव
सी.जी.-डी.एल.-सा.-08072023-247123
CG-DL-W-08072023-247123
250
THE GAZETTE OF INDIA : JULY 1, 2023/ASADHA 10, 1945
[PART II—SEC. 3(iii)]
ELECTION COMMISSION OF INDIA
NOTIFICATION
New Delhi, the 22nd June, 2023
O.N. 109.—In pursuance of Section 106 (a) of the Representation of the People Act, 1951 (43 of 1951), the
Election Commission hereby publishes the Order dated 19th April, 2023 of the High Court of Odisha, Cuttack in
Election Petition No. 12/2019.
[F. No. 82/OR-HP/(12/2019)/2023]
By Orders,
RAKESH KUMAR, Secy.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ELEPT No. 12 of 2019
Mahammad Sahirulhak Haque@ ….
Election Petitioner
Mr. Sidharth Prasad Das, Advocate
-Versus-
1. Pratap Chandra Sarangi
2. Navajyoti Patnaik
3. Hajisk Abdul Istar
4. Rabindra Kumar Jena
5. Jadunath Sethi
6. Basantalata Pattnayak
7. Ramnath Barik
8. Saroj Kumar Panda
9. Jagannath Das
10. Subhash
11. Ramakanta Panda
12. Mohammed Ali
…..Respondents
Mr. Pitambar Acharya
Senior Advocate For respondents No. 1
Mr. Gopal Kumar Agarwal
Standing Counsel for Elcetion
Commission of India
CORAM:
JUSTICE S.K. SAHOO
ORDER
19.04.2023
Order No. I.A. No. 12 of 2021
08. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
This interim application has been filed by the Collector and District Election Officer, Balasore to allow the
District Election Officer to open the strong room forthwith, remove the EVMs and VVPATs for any future election or
any other purpose and to allow transportation of EVMs to other States/manufacturing companies or to the warehouse
of Election Commission of India as per the norms/guidelines of the Election Commission of India.
Mr. Gopal Kumar Agarwal, learned Standing Counsel appearing for the Election Commission of India-
petitioner submitted that the EVMs and VVPATs are not the subject matter of the election dispute and if those are
released in favour of the petitioner, the election petition proceeding will not be hampered in any way.
[भाग II—खण् ड 3(iii)]
भारत का रािपत्र : िुलाई 1, 2023/ आषाढ़ 10, 1945
251
Even though the interim application has been filed since 26.10.2021 and copy of the same has been handed
over to the election petitioner but no objection has been filed.
Learned counsel for the election petitioner is present so also Mr. Pitambar Acharya, learned Senior Advocate
appearing for the respondent No.1.
Considering the submissions made by the learned counsel for the petitioner and after going through the
averments taken in the interim application, the prayer is allowed. The District Election Officer is allowed to open the
strong room, remove the EVMs and VVPATs for any future election or any other purpose and also allowed for
transportation of EVMs to other States/manufacturing companies or to the warehouse of Election Commission of
India as per the norms/guidelines of the Election Commission of India.
Accordingly, 1.A. is disposed of.
-Sd-
S. K. SAHOO Judge
ELPET No. 12 of 2019
09 Heard Mr. Sidharth Prasad Das, learned counsel for the election petitioner, Mr. Pitambar Acharya, Learned
Senior Advocate appearing for the respondent No.1 and Mr. Gopal Agarwal, learned Standing Counsel appearing for
the Election Commission of India.
No other counsel, who have entered appearance for some of the respondents are present.
The election petition was admitted on 07.02.2020 and summons were directed to be issued to the respondents
by special messenger, cost of which was directed to be assessed and deposit be made by 11.02.2020 and notice was
directed to be made returnable within a week. The matter was then listed on 13.03.2020 and on that day, learned
counsel for the election petitioner submitted that he will file an affidavit treating the summons received by the
daughter of the respondent No.12 as sufficient service on respondent No.12 since she is living jointly with the
addressee as reported in the S.R.
Summons on respondent No. 8 was returned unserved with postal endorsement 'unknown'. Since such
summons issued to respondent No. 8 through special messenger was also returned unserved with report that the
addressee was not present in the given address and nobody has signed as a witness in the summons, learned counsel
for the election petitioner was directed to take fresh steps for issuance of summons on respondent No. 8 for which
speed post requisites were directed to be filed along with the present correct address by 20.03.2020.
Today, the matter has come on being mentioned by the learned Standing Counsel for the Election
Commission of India to pass necessary orders in I.A. No. 12 of 2021, however, the Registry has reported that service
affidavit regarding sufficiency of service of summons on respondents Nos. 10 and 12 has not filed, A.D. of summon
on respondent No. 4 returned with a signature not legible and summon on respondent No. 8 returned unserved with
postal remark 'unknown'. No steps have been taken by the learned counsel for the election petitioner. No mention
memo has been filed for listing this matter after 13.03.2020. In the meantime, more than three years have passed.
Today, learned counsel for the election petitioner submitted that he has no instruction in the matter.
In view of such submission, the election petition stands dismissed.
Urgent certified copy of this order be granted on proper application.
-Sd-
S. K. SAHOO Judge
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
KUMER
CHAND
MEENA
Digitally signed by KUMER
CHAND MEENA
Date: 2023.07.08 17:00:51
+05'30'