Order ep 5.2025.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Election Petition No. 5 of 2025 [Vijay s/o Kamalkishor Agrawal vs. Sajid Khan Pathan and anr.] --------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders. --------------------------------------------------------------------------------------------------------------------------------- Mr. Rohan V. Malviya with Mr. H. V. Thakur, Advocates for the petitioner Mr. R. D. Karode, Advocate for respondent no. 1 Ms. Neerja G. Chaubey, Advocate for respondent no. 2 CORAM : ANIL L. PANSARE, J. DATE : 31-07-2026. Heard. Following issues are framed for consideration. (1) Whether the names of 1125 electors/voters, whose details are mentioned in Annexure-A-17 of the election petition, had simultaneously appeared in the electoral rolls of 30-Akola West Assembly Constituency as well as electoral rolls of 29 - Balapur Assembly Constituency ? (2) Whether these 1125 electors/voters had cast their votes in both these constituencies in the State Assembly Election held on 20-11-2024 ? (3) Whether the names of 3614 electors/voters, whose details are mentioned in Annexure-A-18 of the election petition, had simultaneously appeared at Order ep 5.2025.odt 2 more than one place in the electoral rolls of 30-Akola West Assembly Constituency ? (4) Whether these 3614 electors/voters had cast their votes more than once in the 30-Akola West Assembly Constituency in the State Assembly Election held on 20-11-2024 ? (5) Whether the election of respondent - Sajid Khan Pathan to 30 - Akola West Assembly Constituency declared on 23-11-2024 was materially affected, due reception of void votes ? (6) Whether the petitioner proves that 472 votes at Polling Station No. 203 (Shivaji High School, City Shakha, Kho. No. 1, North Building) of the 30-Akola West Legislative Assembly Constituency were not counted and further that non-counting of votes has materially affected the election of respondent - Sajid Khan Pathan to 30-Akola West Legislative Assembly Constituency declared on 23-11-2024 ? (7) Whether the election of respondent - Sajid Khan Pathan to 30 - Akola West Legislative Assembly Constituency declared on 23-11-2024 is liable to be set aside ? The parties shall submit list of witnesses within 15 days from today. Order ep 5.2025.odt 3 Civil Application (CAO) No. 706/2026 By the present application, the petitioner is seeking direction to the District Election Officer, Akola to supply to the petitioner the certified copy of all voters maintained in Form 17-A of the Conduct of Elections Rules, 1961 as also the soft copy of CCTV footage in 307 Polling Stations of 30 - Akola West Legislative Assembly Constituency and 347 Polling Stations of 29 - Balapur Legislative Assembly Constituency with respect of the State Assembly Election held on 20-11-2024. The petitioner is willing to pay costs for the same. The District Election Officer has filed reply stating therein that these documents are preserved. Learned counsel for the petitioner has invited my attention to Rule 93 of the Conduct of Elections Rules, 1961, which provides for production and inspection of election papers, which are in custody of the district election officer or the returning officer. As per the said rule, the packets containing registers of voters in Form 17-A can be opened and inspection given to any person, only upon order of the competent Court. The rule, however, is silent about such order for giving inspection or production of CCTV footage. Learned counsel for the petitioner submits that towards abundant caution, such a prayer is made also in respect of CCTV footage. Order ep 5.2025.odt 4 Having given thoughtful consideration to the prayers made and the statement of the District Election Officer that the documents sought to be supplied are preserved and considering the fact that the issues involved will require petitioner to go through these documents, the application is allowed. The District Election Officer, Akola shall supply aforesaid documents which includes CCTV footage of all the polling stations of 30 - Akola West Legislative Assembly Constituency and 29 - Balapur Legislative Assembly Constituency within four weeks from today upon payment of costs as will be quantified by the District Election Officer, Akola. For evidence, list on 11-9-2026. (ANIL L. PANSARE, J.) wasnik