Nitin Tyagi v. Election Commission Of India And ANR

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6636/2017 NITIN TYAGI ..... Petitioner Through Mr.Sameer Vashisht, Adv. with Mr.Jain Sahai Endlaw, Adv, Ms.Trisha Nagpal, Adv. & Mr.Manashwy Jha, Adv.

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

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 23.02.2018 C.M. No.7114/2018 This is an application filed by the petitioner seeking withdrawal of the writ petition. Learned counsel for the petitioner submits that the order dated 23rd June, 2017 passed by the respondent no.1/Election Commission of India and the final order on the reference passed by respondent no.1 on 20th January, 2018, have already been challenged by the petitioner by way of a substantive writ petition being WP (C) No.750/2018. He draws my attention to order dated 12th February, 2018 passed by the Division Bench of this Court in WP(C) No.750/2018, wherein the Court has recorded the statement of the petitioner that they would within two weeks, file the necessary application for withdrawal of the present writ petition. In view of the aforesaid order passed by the Division Bench in

the presence of counsel for the respondents as also the fact that an advance copy of the present application has been served on the learned counsel for the respondents, there is no further requirement for issuance of notice to the respondents and the writ petition is permitted to be withdrawn.

The application is disposed of in the aforesaid terms. W.P.(C) 6636/2017 In view of the orders passed in C.M. No.7114/2018 permitting withdrawal of the petition, the present writ petition is dismissed as withdrawn.

FEBRUARY 23, 2018/aa REKHA PALLI, J