Mumbai: Bombay High Court on Friday directed the release of 1,944 ballot units and 1,944 control units of EVMs kept in the custody of the election officer following an election petition filed by
Shiv Sena's (UBT)Vinayak Raut against the victory of BJP's
Narayan Rane in the Lok Sabha polls held earlier this year.
Justice Sarang Kotwal passed the order on a plea made by Devender Singh, returning officer (collector, Ratnagiri).
Singh's counsel, Abhijit Kulkarni, sought the release of the EVMs on the grounds that they were not essential to decide the pending election petition but are important for the forthcoming State Assembly elections next month in Maharashtra. Kulkarni said it was not necessary to keep the EVMs sealed and inoperative.
After a brief hearing where Asim Sarode, advocate for Raut, first suggested that ballot machines from another state could easily be requested, both he and advocate Saket Mone, appearing for Rane, said they had no objections to the release of the EVMs.
Justice Kotwal said, "As all the counsel for the parties have agreed that the present election petition does not involve the use of the EVMs and since there is no objection to returning those EVMs and control units, there is no impediment in allowing this application," and disposed of the plea by allowing the EVMs to be released for the assembly polls.