Heenu Mahajan v. State Election Commission (NCT Of Delhi) & ORS

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7356/2017 HEENU MAHAJAN ..... Petitioner Through Mr. Yudhvir Singh Chauhan, Adv.

versus STATE ELECTION COMMISSION (NCT OF DELHI) & ORS ..... Respondents Through Mr. Sumeet Pushkarna, Adv.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 22.11.2017 Petitioner is aggrieved by the election result whereby the respondent No. 2 has been declared successful as a Counsellor from Ward No. 28E, Delhi. This election result had been declared on 26.04.2017. This is the grievance of the petitioner. On advance notice, learned counsel for the respondent has put in appearance. Learned counsel for the respondent points out that the writ petition is not maintainable. The petitioner should have filed an election petition; he is even otherwise now barred by limitation. Learned counsel for the petitioner submits that his cause of action had arisen after the 15 day period mandated under Section 15 of the Delhi Municipal Corporation Act and he learnt about the fraud qua respondent No. 3 only after that date.

At this stage, learned counsel for the petitioner seeks permission of this court to withdraw the present petition. Permission

granted.

Petition dismissed as withdrawn with liberty granted to the petitioner to approach the appropriate forum as advised under the law. It is made clear that the observations made in this order are not a reflection on the merits of the controversy. INDERMEET KAUR, J NOVEMBER 22, 2017 SU