Rakesh Choubey v. Election Commission Of India & ANR

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1344/2018 & C.M. APPL. Nos. 5583-5584/2018 RAKESH CHOUBEY ..... Petitioner Through:

Mr. Sanjay R. Hegde, Sr. Advocate with Mr. Pukhrambam Ramesh Kumar & Mr.

Pranjal Kishore, Advocates.

versus ELECTION COMMISSION OF INDIA & ANR ..... Respondents Through:

Mr. P.R. Chopra, Advocate for R-1/ECI.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

O R D E R

% 13.02.2018 1.

A perusal of the writ petition shows that the subject matter thereof relates to the alleged events in the State of Chhattisgarh. 2.

The petitioner as well as respondent no. 2 is located in the State of Chhattisgarh.

3.

The petitioner has placed before us a copy of a judgment dated 28.06.2017 in Writ Appeal no. 200 of 2017 titled Indian National Congress vs. Union of India and Ors. in respect of the subject matter of the present writ petition, passed by the High Court of Chhattisgarh at Bilaspur.

4.

The writ petition relates to issues with regard to by-elections for a constituency in the Chhattisgarh Legislative Assembly. 5.

In our view, this court is not the proper forum to hear the present writ petition.

6.

In view of the above, Mr. Hegde, learned counsel for the petitioner,

on instructions, prays for leave to withdraw this petition with liberty to invoke the jurisdiction of the competent court. 7.

This writ petition is dismissed as withdrawn with liberty as prayed. 8.

Dasti.

ACTING CHIEF JUSTICE C.HARI SHANKAR, J FEBRUARY 13, 2018 av