J Mohmed Rafi v. Election Commission Of India

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11429/2017 J MOHMED RAFI ..... Petitioner Through Mr.Darpan Wadhwa, Sr. Adv. with Mr.Atul Sharma, Mr.V.Balaji, Mr.C.Kannan and Ms.Astha Tyagi, Advocates.

versus ELECTION COMMISSION OF INDIA ..... Respondent Through Mr.P.R.Chopra, Advocate.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 20.12.2017 Petitioner is aggrieved and apprehensive by the manner in which the election of the 11 Dr.Radhakrishnan Nagar Assembly constituency is being carried out; admittedly the voting is fixed for tomorrow.

Learned senior counsel for petitioner under instructions from the petitioner submits that the malpractices being adopted in the election appear to be writ large and as such the prayers made in the present petition have been highlighted.

This Court has perused the prayers.

It may not be possible for this Court to delve into these prayers at this stage as the election schedule having been notified on 27.11.2017 and the voting is fixed

for tomorrow.

On advance notice, learned counsel for respondent has put in appearance. His submission is that no orders can be passed at this stage and in fact a similar writ petition by another person had been preferred to the Chennai High Court which had also declined to grant any relief to that petitioner. Learned counsel for respondent assures this Court that the election shall be conducted in a fair and transparent manner. At this stage, learned senior counsel for the petitioner submits that the representation made by the petitioner dated 07.12.2017 pending before the Election Commission has yet not been answered and he will withdraw this petition if a direction is given to the respondent to decide his aforenoted representation. The respondent shall dispose of the representation of the petitioner dated 07.12.2017 in accordance with law within an outer limit of four weeks.

Petition is accordingly dismissed as withdrawn. INDERMEET KAUR, J DECEMBER 20, 2017 ndn