5930 GI/2024

(725)

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. 20]

नई दिल् ली, जसतम् बर 22—जसतम् बर 28, 2024, िजनवार/भाद्र 31—आज‍ वन 6, 1946

No. 20]

NEW DELHI, SEPTEMBER 22—SEPTEMBER 28, 2024, SATURDAY/BHADRA 31– ASVINA 6, 1946

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 द्रीय 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, 19 जसतम्बर, 2024

आ.अ. 101.—लोक प्रजतजनजित्व अजिजनयम, 1951 (1951 का 43) की िारा 106 के अनुसरण में भारत

जनवााचन आयोग एतद्द्वारा वर्ा 2019 की जनवााचन याजचका सं. 9 में बंबई उच्च न्यायालय का जनणाय/आिेि

दिनांक 21/06/2024 प्रकाजित करता िै।

[फा. सं. 82/एमएच-एचपी/9/2019]

आिेि से,

एस. के. िास, सजचव

सी.जी.-डी.एल.-सा.-28092024-257572

CG-DL-W-28092024-257572

726

THE GAZETTE OF INDIA : SEPTEMBER 28, 2024/ASVINA 6, 1946

[PART II—SEC. 3(iii)]

ELECTION COMMISSION OF INDIA

NOTIFICATION

New Delhi, the 19th September, 2024

O.N. 101.—In pursuance of Section 106 of the Representation of the People Act, 1951 (43 of 1951) the

Election Commission of India hereby publishes the judgment/order dated 21/06/2024 of the High Court of Judicature

at Bombay in Election Petition No. 9 of 2019.

[F. No. 82/MH-HP/9/2019]

By Order,

S. K. DAS, Secy.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL

JURISDICTION

ELECTION PETITION NO. 9 OF 2019

Rahul Ragunath Ovhal ……Petitioner

vs.

The Election Commission of India & Ors. Respondents

None for the petitioner.

Mr. Akshay Shinde for respondent no. 2.

Mr. Shekhar Jagtap a/w. Ms. Sairuchita Choudhary i/b. J. Shekhar Associates for respondent no. 3.

CORAM: G. S. KULKARNI, J.

DATED: 21 June, 2024

P.C.

1.

The proceedings are listed in pursuance of a praecipe application as moved by Mr. Shinde, learned counsel for

respondent no. 2.

2.

This election petition challenges the election of respondent no. 3 to the Lok Sabha from the Lok Sabha Constituency

no. 36-Shirur, District Pune, in Parliamentary elections held in the year 2019. Admittedly, the term of the Lok Sabha relevant

to such election expired on 16 June, 2024. Thereafter, fresh elections were held in the month of May, 2024, the results of

which were declared on 4 June, 2024, in which respondent no. 3 had again contested from the same constituency

and is stated to have been re-elected to the Lok Sabha. It is, therefore, stated that the present proceedings have now

become academic/infructuous.

3.

It is on such backdrop respondent no. 2 has moved this Court by such application dated 19 June, 2024 setting out the

urgency. It is stated that for the purpose of the present proceedings, respondent no. 2 had stored and secured 4622 Ballot

units, 2311 Control Units and 7242 VVPAT machines, which are stored in a godown with police security. It is stated that

now the State Assembly elections would be held in the month of November, 2024 and for such purpose, respondent no. 2

requires the aforesaid materials. It is hence submitted that appropriate orders be passed considering that the petition has now

become infructuous.

4.

Although the cause-list was notified listing the present proceeding, however, none represents the petitioner, and

possibly in view of the fact that the petition itself has become infructuous.

5.

From the record it appears that on the last occasion, the Court had heard the proceedings on 4 March, 2020 on the

Application (L) No. 3 of 2019 filed by respondent no. 1, which came to be allowed in terms of prayer clauses(a) and (b).

Also, the proceedings were not moved by the advocate for the petitioner for any further orders to be passed on the

proceedings and more particularly, considering the nature of the challenge as raised in regard to which observations have been

made by the Court in order dated 4 March, 2020.

6.

In the aforesaid circumstances, as now the term of the Lok Sabha relevant to the 2019 election and subject matter of

the present proceedings itself has come to an end, as also fresh Lok Sabha elections were held in May, 2024, results of

which being already declared, learned counsel for respondent no. 2 would be correct in submitting that the present proceedings

have become infructuous. The petition is accordingly disposed of as infructuous.

[भाग II—खण् ड 3(iii)]

भारत का रािपत्र : जसतम् बर 28, 2024/ आज‍ वन 6, 1946

727

7.

Respondent no. 2 is hence free to use the Ballot units, Control Units and VVPAT machines as per the procedure

followed by it for other elections, as they are no more required for the purpose of present proceedings.

8.

Disposed of. No costs.

G. S. KULKARNI , J.

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.

GORAKHA

NATH YADAVA

Digitally signed by GORAKHA

NATH YADAVA

Date: 2024.09.28 10:43:23

+05'30'