Bombay High Court
Zahoorabee Naser Khan vs State Election Commission And Ors on 2 March, 2026
(1) wpst-6582-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION (STAMP) NO.6582 OF 2026
ZAHOORABEE NASER KHAN
VERSUS
STATE ELECTION COMMISSION AND ORS.
...
Mr. R. V. Gore and Mr. G. J. Pahilwan, Advocate for the Petitioner.
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 02nd MARCH, 2026.
P.C.:-
1. Heard Mr. Gore, learned Advocate appearing for petitioner.
2. The petitioner impugns order dated 27.02.2026 passed below
Exhibit-5 by Civil Judge Senior Division (Corporation Court),
Aurangabad in Election Petition No.15/2026.
3. It is contention of petitioner that there were serious errors in
EVM Machines that has prejudiced petitioner’s right and
consequential result of Election. The petitioner filed application for
interim relief in Election Petition seeking direction to preserve
EVM Machines and data till disposal of Election Petition.
However, Trial Court refused to entertain prayer.
4. Mr. Gore, learned Advocate submits that EVM Machines are
required to be retained in strong room alongwith seals for period of
45 days. Therefore, there is apprehension that EVM Machines
would be removed and data is erased on lapse of 45 days. He
would, therefore urge that looking to controversy involved in
(2) wpst-6582-2026.odt
Election Petition, it is necessary to preserve EVM Machines and
data till disposal of Election Petition. However, Trial Court
refused to entertain petitioner’s reasonable prayer on erroneous
count.
5. Considering submissions advanced and nature of dispute
raised in Election Petition, it appears that, preservation of data of
EVM Machines and also to check functioning of EVM Machines is
essential for fair decision of Election Petition.
6. In that view of matter, issue notice to respondents,
returnable on 16.03.2026.
7. In addition to Court notice, petitioner shall be at liberty to
serve respondents by any other alternate mode as is permissible
under law and file affidavit of service before returnable date.
8. Till returnable date, there shall be ad-interim relief in terms
of prayer Clause (C).
(S. G. CHAPALGAONKAR)
JUDGE
Devendra/March-2026