(A.M. Khanwilkar and Hemant Gupta, JJ.)
Ramesh Pandey ____________________________________ Petitioner;
v.
Election Commission of India and Another ___________ Respondent(s).
Petition(s) for Special Leave to Appeal (C) No(s). 20926/2017, decided on December 3, 2018
(IA No. 74169/2017-Exemption From Filing C/C of the Impugned Judgment)
The Order of the court was delivered by
Order
1. Heard the learned counsel for the parties.
2. Application for exemption from filing certified copy of the impugned order is allowed.
3. The Public Interest Litigation, as was filed before the High Court was concerning the Assembly Election held in February-March, 2017 and raising a specific plea about the stand taken by the Election Commission about the effectiveness of EVMs at the relevant time.
4. That aspect does not warrant any further consideration, as we agree with the High Court to that extent.
5. However, the High Court in the impugned judgment has made further observation, which reads thus :
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We, however, in the larger public interest restrain all the recognized National Political Parties, recognized State Political Parties, other political parties, Non-governmental Organizations (NGOs) and individuals from criticizing the use of EVMs in the recently conducted elections of the State Assemblies even by approaching the Electronic Media, Press, Radio, Facebook, Tweeter etc. till the decision of the election petitions.”
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6. The above observation in the impugned judgment be deemed to have been effaced from the record for all purposes in terms of this order, to which both the parties have no objection. We order accordingly.
7. The special leave petition is disposed of in the above terms.
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