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2019 Supreme(Guj) 341

ANANT S.DAVE, BIREN VAISHNAV
Khemchand Rajaram Koshti – Appellant
Versus
Election Commission of India – Respondent


Advocates Appeared:
K.R. Koshti, Adv.

JUDGMENT :

BIREN VAISHNAV, J.

1. This Public Interest Litigation is filed by the petitioner - a practicing advocate of this Court who has come forward with the following prayers:

"12. In the facts and circumstances of the above case, the petitioner prays that:-

(a) Your Lordships may be pleased to allow the present writ petition (P.I.L.);

(b) pass appropriate Writ, Order or direction declaring and/or striking down the Rule 56(D)(2) as ultra vires Articles 14, 19 and 21 of the Constitution insofar as it vests discretion in the Returning Officer to reject an application made under Rule 56(D)(2) for counting of the printed paper slips in the dropbox of the Printer;

(c) pass appropriate Writ, Order or direction directing the Respondent No 1 to mandatorily count the printed paper slips in the dropbox of the Printer in respect of any polling station or polling stations in all future Legislative Assembly elections and/or Parliamentary elections were paper trail has been introduced;

(d) pass appropriate Writ, Order or direction directing Respondent No. 1 to use appropriate technology by whi












































































































































































































































































































































































































































































































































































































































































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