High Court of DelhiW.P.(C)/7658/2017

Aaley Mohammad v. State Of NCT Of Delhi & ORS

2017-08-30Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 7658/2017 AALEY MOHAMMAD ..... Petitioner Through Mr.C.Mukund and Ms.Ishita Nagpaul, Advocates.

versus STAET OF NCT OF DELHI & ORS ..... Respondents Through Mr.Naushad Ahmed Khan, ASC with Ms.Divyani Sehgal, Advocate for R-1.

Mr.Monika Arora with Mr.Kushal Kumar, Mr.Harsh Ahuja and Mr.Vibhu Tripathi, Advocates for North DMC/R-2 and R-3.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 30.08.2017 C.M. Nos.31650-51/2017 (exemption) Exemption is allowed subject to just exceptions. Applications disposed of.

W.P.(C) 7658/2017 & C.M. No.31649/2017 (for interim relief) This petition has been marked as urgent in the morning today itself.

Petitioner before this Court is a Councillor of Ward No.88, Delhi Gate Constituency of the North Delhi Municipal Corporation [which falls in Wards Committee (City and Sadar Paharganj)]. What can be deciphered from the averments made in the petition is that on

28.8.2017 in WP(C) 7479/2017 titled Satpal Singh Kaim Vs. North Delhi Municipal Corporation and Anr. an order was passed by this Court wherein on the statement made by respondent/North Delhi Municipal Corporation, the elections for the Narela Zone (of the respondent) had been postponed to 31.8.2017.

Petitioner is aggrieved by the fact that the election for the Wards Committee (City and Sadar Paharganj) has been cancelled indefinitely; he had received the cancellation order only yesterday; as such it could not be incorporated in this petition. The prayer made in the petition has been perused. The first prayer is that the election of Wards Committee (City and Sadar Paharganj) which now stands cancelled has no date as to when this election will be held. His additional submission is that the composition of the voters would now change which is not permitted in terms of Section 3(3)(b) of the Delhi Municipal Corporation Act, 1957.

Learned counsel for respondent submits that although the election for Wards Committee (City and Sadar Paharganj) has been cancelled but the same shall be held expeditiously. It is directed and ordered that the election for Wards Committee (City and Sadar Paharganj) shall be completed within an outer limit of twenty days from today. The respondent while conducting the election will adhere to the provisions of law. Petition disposed of.

INDERMEET KAUR, J AUGUST 30, 2017/ndn