Page No.# 1/3 GAHC010227202024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) I.A.(Civil)/369/2025 in El. Pet./1/2024 ELECTION COMMISSION OF INDIA REP BY SRI MANABENDRA BHARALI ACS DEPUTY CHIEF ELECTROL OFFICER ASSAM AT ELECTION DEPARTMENT JANTA BHAWAN C BLOCK 4TH FLOOR DISPUR GUWAHATI VERSUS HAFIZ RASHID AHMED CHOUDHARY S/O LATE MAULANA MAQUBUL ALI CHOUDHURY RESIDENT OF HOUSE NO18 PD CHALIHA ROAD HEDAYATPUR PO SILPUKHURI PS LATASIL GUWAHATI DIST KAMRUP METRO 2:KRIPANATH MALLAH S/O LATE KRISHNAMOHAN MALLAH RESIDENT OF VILL AND P.O. BIDYANAGAR DIST KARIMGANJ ASSAM PIN 788734 ------------ Advocate for : MRS P BARUA Advocate for : appearing for HAFIZ RASHID AHMED CHOUDHARY Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 13.02.2025 Heard Ms. P Baruah, learned counsel for the applicant, who by means of this application filed under Section 151 of the Cr.PC, 1908 read with Clause 6.2.2 (e) (i) of the Manual on Electronic Voting Machine (Edition 8, August 2023) published by the Election Commission of India has prayed for release of the Ballot Units preserved in the strong room in the custody of District Election Officer (DEO), Karimganj and District Election Officer (DEO), Hailakandi under Karimganj Parliamentary Constituency pursuant to order dated 28.08.2024 passed in the connected Election Petition. Also heard Shri KP Pathak, learned Senior Counsel assisted by Shri IU Chowdhury, learned counsel for the opposite party no.1-Election Petitioner as well as Shri P Nayak, learned counsel for the opposite party no. 2-Returned Candidate. Before even going to the aspect of entertaining this application, this Court has taken into account that the applicant is the Election Commission of India which is not a party in the connected Election Petition. It may also be mentioned that though initially in the connected Election Petition No. 1/2024, the Election Commission of India had been arrayed as a party respondent, the said Election Commission of India had filed an IA(C)/2456/204 for deletion of its name which was allowed on 28.08.2024. This Court is of the view that unless the Election Commission of India gets itself impleaded as a party respondent or as an intervenor, no directions can be passed on the behest of an entity who is not a party to the lis. The IA is accordingly rejected. Page No.# 3/3 The learned counsel for the applicant, however, is at liberty to file appropriate application. JUDGE Comparing Assistant