Priyanka Gautam v. State Election Commission & ORS.

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11929/2016 & CMs 47046-47/2016 PRIYANKA GAUTAM ..... Petitioner Through : Mr. Kirti Uppal, Sr. Advocate with Ms. Sahiba Pautil and Mr. Priyanka Gautam, Advocates versus STATE ELECTION COMMISSION & ORS.

..... Respondents Through : Mr. Sumeet Pushkarna, Advocate for R-1.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI

O R D E R

% 20.12.2016 1.

The present petition has been listed subject to an office objection with regard to its maintainability, as the petitioner seeks to assail the judgment dated 3.12.2016 passed in a suit for declaration, mandatory and perpetual injunction instituted by the respondent No.3, against her and several others for declaring as void, the election of the petitioner/defendant No.3 for the Municipal Elections-2012, in respect of Ward No.215. 2.

It has been enquired from Mr. Uppal, learned Senior Advocate appearing for the petitioner as to how would a writ petition lie against a judgment passed by the learned trial court in a civil suit. 3.

Mr. Uppal, learned Senior Advocate appearing for the petitioner states, on instructions, that he may be permitted to withdraw the present WP(C) 11929/2016

petition, while reserving the right of the petitioner to assail the impugned judgment dated 3.12.2016, in accordance with law. 4.

Leave, as prayed for, is granted. The writ petition is dismissed as withdrawn, along with the pending applications. HIMA KOHLI, J DECEMBER 20, 2016 sk WP(C) 11929/2016