:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 1463 OF 2009 OF MOTION NO. 1463 OF 2009 OF MOTION NO. 1463 OF 2009 IN IN IN ELECTION ELECTION ELECTION PETITION NO. 8 OF 2004 PETITION NO. 8 OF 2004 PETITION NO. 8 OF 2004 Dilip Gangadhar Sopal, at Post Solapur, District : Solapur. ... Petitioner. V/s. Rajendra Vithal Raut, at Post Barshi, Taluka : Barshi. ... Respondent. Mr. Mahesh Subramanian h/f. S.V. Pitre for the Petitioner. Mr. B.D. Joshi for the Respondent. Mr. Pradeep Jadhav, AGP for the Applicant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 21ST 21ST 21ST APRIL 2009. APRIL 2009. APRIL 2009. P.C. P.C. P.C. : : : . Mentioned. Not on board. By consent of parties, taken up forthwith for passing orders. 2. This is an application made by the Chief Election Officer, requesting the Court that the Electronic Voting Machine (EVM) (Ballet Unit) which is in the custody of the Election Officer, concerned with Election Petition No.8 of 2004 be returned back so that the ensuing election process for the 2009 Lok Sabha Elections is not disturbed. Notice of this application has been given to the Original Petitioner and the contesting Respondent. :2: 3. Having perused the application and the affidavit in support so also considering that a statement is made that the record of the subject Election would be duly preserved and without prejudice to the rights and contentions of parties to the Election Petition, this relief can be granted. 4. Accordingly, the Chief Election Officer is at liberty to return back the Electronic Voting Machine/Ballet Unit to the concerned District Election Officer for the purposes of 2009 Parliamentary Election. All concerned to act on authenticated copy of this order. 5. The Notice of Motion is disposed off accordingly. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)