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2024 Supreme(Online)(Bom) 659

HIGH COURT OF BOMBAY
PRITHVIRAJ K. CHAVAN, J
SHA BRA DR. JAISIDDESHWAR SHIVACHARYA MAHASWAMIJI NURANDSWAMI GURUBASAYYA HIREMATH – Appellant
Versus
KIRTIKUMAR DATTATRAY SHIVSARAN – Respondent


ORDER:

1. This is an application moved by the applicant – returned candidate - Sha Bra Dr. Jaisiddeshwar Shivacharya Mahaswamiji @ Nurandswami Gurubasayya Hiremath under Order – VII, Rule - 11 (a) and (d) of the Code of Civil Procedure, 1908 (for short “C.P.C”) for rejection of the Election Petition on the ground that the petition neither discloses any cause of action nor is in compliance with the provisions of Section 81 (3) of The Representation of the People Act, 1951 (for short “Act”).

2. Applicant is the original respondent in the Election Petition whose election to 42nd Solapur (SC) Lok Sabha General Election Constituency, 2019 has been challenged by the respondent (original petitioner) by stating that the said election is void.

3. The applicant, upon receiving summons in the Election Petition filed a written statement accompanied with certain documents.

4. It is contended that the entire Election Petition hinges on a single allegation, namely the vulnerability of Electronic Voting Machines (EVMs) employed in general elections. The respondent- original petitioner contended that discrepancy of 132 votes existed between the votes cast and the votes counted.

5. The applicant conten

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