Jp Janta Dal v. Election Commission Of India & ANR.

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 921/2025 JP JANTA DAL .....Petitioner Through:

Mr. Yogesh Swaroop and Mr. Alok Kumar Palai, Advocates.

versus ELECTION COMMISSION OF INDIA & ANR.

.....Respondents Through:

Mr. Rajeev Sharma and Mr. Vinayak Sharma, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 24.01.2025 CM APPL. No. 4540/2025 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(C) 921/2025 and CM APPL. No. 4541/2025 3.

This writ petition is preferred on behalf of the Petitioner under Article 226 of the Constitution of India seeking the following reliefs:- "(a) Quash and set aside the impugned letter dated 09.09.2024 issued by the Respondent, which invalidates the Petitioner's Form A and Form B, on the grounds of being arbitrary, vague, and violative of principles of natural justice and procedural fairness.

(b) Direct the Respondent to restore the validity of the Petitioner's Form A and Form B, subject to any rectifications, and allow the Petitioner to participate in the electoral process."

W.P.(C) 921/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2025 at 12:39:55

4.

Learned counsel for the Election Commission of India/Respondent No.1 takes a preliminary objection to the maintainability of this petition and in support relies on a judgment of the Division Bench of this Court in Swami Chakrapani v. Election Commission of India, 2021 SCC OnLine Del 4432, wherein the Division Bench has held that inter se disputes between different rival groups of a political party are not to be resolved by Election Commission of India and the correct course is to file a declaratory suit or resort to any other appropriate civil remedy. 5.

Faced with this, learned counsel for the Petitioner, on instructions, seeks to withdraw this writ petition in terms of the aforementioned judgment, with liberty to take recourse to appropriate legal remedies before the appropriate Forum.

6.

Writ petition is disposed of as withdrawn, with liberty as prayed for, in accordance with law, making it clear that this Court has neither entered into nor expressed any opinion on the merits of the case. 7.

Pending application stands disposed of.

JYOTI SINGH, J JANUARY 24, 2025/shivam W.P.(C) 921/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/01/2025 at 12:39:55