Sh. Sohan Lal Aggarwal v. Registrar, Cooperative Societies, And ORS.

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 205/2020 SOHAN LAL AGGARWAL ..... Petitioner Through:

Mr. Anil Kumar with Mr. Rajinder Gulati, Advocates.

versus REGISTRAR, COOPERATIVE SOCIETIES, AND ORS.

..... Respondents Through:

Ms. Shefali Vohra, Advocate for R1.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 10.01.2020 CM APPL.658/2020 (exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 205/2020 and CM APPL.657/2020 (interim order)

2. The Petitioner seeks to question the decision of the Returning Officer („RO‟) rejecting his nomination paper. He submits that this Court under Article 226 of the Constitution can entertain the present writ petition in view of the decision of the Supreme Court in Election Commission of India v. Ashok Kumar & Ors. (2000) 8 SCC 216.

3. This Court has examined the above decision and, in particular, para 32 which summarises the legal position in this regard. The Court is not inclined at this stage to interfere with the impugned order of the RO, since the

election process has already commenced. Nevertheless, it will be open to the Petitioner to urge the points raised in present petition at the appropriate stage, in accordance with law.

4. The petition and the application are accordingly dismissed. S.MURALIDHAR, J.

TALWANT SINGH, J.

JANUARY 10, 2020 / tr