2024:BHC-OS:5488 AEPL-31043-2023.doc Shailaja IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPLICATION [L] NO.31043 OF 2023 IN ELECTION PETITION NO.1 OF 2019 Shri Sha Bra Dr. Jaisiddeshwar ] Shivacharya Mahaswamiji @ ] Nurandswami Gurubasayya Hiremath ] Age: 63, Occ. Farmer, ] R/o. Sansthan Hiremath, Gaudgaon (BU)] Mukkam Post: Mauje Gaudgaon, ]

Tal. : Akkalkot, Dist: Solapur – 413227.] APPLICANT IN THE MATTER BETWEEN:

Kirtikumar Dattatray Shivsaran ] Age: 26, Occupation : Student ] Opp. Dr. Ambedkar Udyan, ] 41/187, New Budhwar Peth, ] Anand Chowk, Solapur, ]

Maharashtra : 413 002. ] PETITIONER V/s.

Shri Sha Bra Dr. Jaisiddeshwar ] Shivacharya Mahaswamiji @ ] Nurandswami Gurubasayya Hiremath ] Age: 63, Occ. Farmer, ] R/o. Sansthan Hiremath, Gaudgaon (BU)] Mukkam Post: Mauje Gaudgaon, ]

Tal. : Akkalkot, Dist: Solapur – 413227.] RESPONDENT a/w ELECTION PETITION NO.1 OF 2019 a/w AEP [L] NO.26326 OF 2023 A/W AEP [L] NO.28041 OF 2023 IN ELECTION PETITION NO.1 OF 2019 Kirtikumar Dattatray Shivsaran ] Age: 26, Occupation : Student ] Opp. Dr. Ambedkar Udyan, ] 41/187, New Budhwar Peth, ] Anand Chowk, Solapur, ]

Maharashtra : 413 002. ] PETITIONER V/s.

Shri Sha Bra Dr. Jaisiddeshwar ] Shivacharya Mahaswamiji @ ] Nurandswami Gurubasayya Hiremath ] Age: 63, Occ. Farmer, ] R/o. Sansthan Hiremath, Gaudgaon (BU)] Mukkam Post: Mauje Gaudgaon, ]

Tal. : Akkalkot, Dist: Solapur – 413227.] RESPONDENT …..

Mr. S.R. Ganbavale a/w Mr. Kush M. Lahankar i/b Mr. Abhijit Patil, for Applicant.

Mr. Prakash Ambedkar i/b Mr. Sandeep Rankhambe, for Respondent.

…..

CORAM : PRITHVIRAJ K. CHAVAN, J.

RESERVED ON : 4th JANUARY, 2024.

PRONOUNCED ON : 1st APRIL, 2024.

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 contends that the respondent’s Election Petition lacks specific allegations and primarily serves as a platform to address the issue of EMV usage in the electoral process. According to the applicant, this matter is akin to a Public Interest Litigation.

6. It is the specific contention of the applicant that there is non compliance of Section 81 of the Act. Section 81, sub-section (3) mandates that every Election Petition shall be accompanied by as many copies thereof as there are respondents mentioned in the Election Petition and every such copy shall be attested by the petitioner with his own signature to be a true copy of the petition. The applicant, therefore, states that till this date, the respondent has failed to provide a copy of the original Election Petition and, instead, has served an amended version. Even the amended Election Petition lacks attestation by the respondent under his own signature to confirm it’s accuracy as a true copy of the original petition. Neither the respondent nor his legal Counsel have affixed their signatures to the Election Petition or it’s annexures as “True Copy”. Original copies