SHIVAKANT PRASAD,J. - (1.) This is an application arising out of Election Petition under Section 80A of the Representation of the People Act, 1951, read with Sections 81, 98, 99 of the Representation of People Act, 1951 filed on behalf of the Chief Electoral officer. The petitioner has sought for leave for making the application. Leave has already been considered in view of my earlier order when this Court was pleased to take up the matter on its merit by hearing the learned Counsel for both the parties.
(2.) In this particular application, the Chief Electoral Officer, West Bengal has prayed for release of Electronic Voting Machines (EVMs) and VVPATs in respect of 17-Barasat parliamentary constituency of West Bengal under the custody of Barasat and Bidhannagore as detailed in paragraph 10 of the application, which is as under: "10. By a letter dated 17th October, 2019, the Chief Electoral Officer, West Bengal intends to file application before the Hon'ble High Court at Calcutta in E.P. No.2 of 2019 in respect of release of EVMs, VVPATs including BU-125, CU-1925, VVPAT-1965 which are blocked in view of the filing of the said E.P.No.2 of 2019, although the same are not the subject matter in issue in the E.P. No.2 of 2019. Such EVMs/VVPATs are lying with the Sub-Divisional Officer, Barasat and Sub-divisional Officer, Bidhannagare."
(3.) The petitioner, Mr. Shanti Ranjan Das in the above Election Petition no.2 of 2019 has prayed for the following reliefs: "[a] Declare the Election of "17-Barasat Parliamentary Constituency" held on 19th May, 2019, to be void ; [b] Declare that rejection of the petitioner's nomination was bad and the nomination filed by the petitioner was valid and he was an eligible candidate to contest the Election; [c] Declare that the Election of "17-Barasat Parliamentary Constituency" is bad because of malpractice and dishonesty; [d] A decree for declaration declaring the petitioner to be an elected candidate and possess all the necessary power authority to discharge the function of an elected candidate; [e] Declare the Election of all candidates/entire Election process of 17-Barasat Parliamentary Constituency to be void; [f] Such other or further order/orders as the Hon'ble Court may be think fit and proper upon the facts and circumstances of the instant Election Petition during the period of the case for the ends of justice." ;