Rajiv Sahai Endlaw, J.

1. The petitioners no.1 & 2 i.e. Anil Bhatia and Satyadev Solanki, being members / volunteers of petitioner no.3 Aam Aadmi Party, seek declaration that the Delhi Prevention of Defacement of Property Act, 2007 (hereinafter called Defacement Act) does not prohibit putting up of posters / banners, on one’s own private property or house/building, or with the consent of owner of a private property or house/building. Alternatively, the petitioners impugn the said Act as being unconstitutional and violative of Article 19(1)(a) of the Constitution of India in so far as it prevents the individuals from making any alterations/modifications to their own privately owned property or prohibits them from putting up posters/banners on the same. The petition also seeks the consequential relief of restraining the respondents no. 1 to 3, being the Government of National Capital Territory of Delhi (GNCTD), Delhi Police and Election Commission of India from removing or pulling down posters/hoardings put up by individuals on their own private premises and properties or put up with the consent of the owner of the said private property.

2. Notice of the petition was issued. C