High Court of DelhiW.P.(C)/3249/2019

Ayub Khan v. Union Of India And ANR.

2019-04-01Hon'Ble Mr. Justice Yogesh Khanna2 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3249/2019 AYUB KHAN ..... Petitioner Through Mr.Shekhar G.Devasa and Mr.Luv Kumar, Advs.

versus UNION OF INDIA AND ANR.

..... Respondent Through Mr.Jasmeet Singh, Adv.

with Mr.Aditya Madaan, Adv. for UOI

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 01.04.2019 CM APPL No.14913/2019 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 3249/2019 The writ petition is filed with the following prayers : (i) Allow this Writ Petition;

(ii) issue appropriate writ, Order (s) or direction in the nature of Writ of Mandamus directing the Election Commission of India (Respondent No.2) to expeditiously consider the representation of the Petitioner herein dated 19.03.2019 & 22.03.2019 and grant common symbol to the Indian New Congress Party to contest all the candidates in the Lok Sabha Election-2019 to be held in April 2019;

(iii) Issue appropriate writ, Order (s) or direction in the

nature of Writ of Certiorari quashing the vide Notification No.DPAR 02 CHUCHIHA2019-Bengluru, dated 16-03-2019 wherein deleting the entries regarding the Petitioner's symbol i.e., "Farmer Ploughing within Square" at SI. No.59 arbitrarily and violating the principles of natural justice of the petitioner; (iv) Pass an ad interim ex parte order directing the Respondent No.2 to consider the representations dated 19-03-2019 and 22-03-2019 made by the Petitioner to issue common symbol to contest the general election 2019 to all the candidates representing the petitioner party across the country during the pendency of present Writ Petition;

It is submitted two representations dated 19.03.2019 and 22.03.2019 for grant of the common election symbol to the New Indian National Congress has not been considered by the Election Commission. It is stated by learned counsel for the Election Commission the representations shall be considered within two weeks from today. Be considered and a speaking order be passed. Nothing survives in this petition, hence with these observations the petition stands disposed of.

Copy of this order be given dasti under signatures of the Court Master.

YOGESH KHANNA, J.

APRIL 01, 2019 VLD