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2016 Supreme(Del) 478

G.ROHINI, JAYANT NATH
SANJANA GAHLOT – Appellant
Versus
STATE ELECTION COMMISSION – Respondent


Advocates:
Advocate Appeared:
Mr.Sumeet Pushkarna, Adv. with Mr.Siddhartha Nagpal, Adv. along with Mr.R.S.Parmal, Dy.Secretary, State Election Commission. Mr.Rahul Mehra, Sr.Standing Counsel with Mr.Sanjoy Ghose, ASC, Ms.Pratishtha Vij, Mr.Sanyog Bahadur, Mr.Shekhar Budakot, Advs. for GNCT of Delhi

JUDGMENT :

G.ROHINI, J.

1. This public interest petition is filed bringing to the notice of this Court, the alleged inaction on the part of the respondents in filling up the casual vacancies in all the three Municipal Corporations of Delhi which are stated to be lying vacant since December, 2013.

2. It is pleaded in the writ petition that the councillors in the Municipal Ward Nos.44, 55, 67, 86, 124, 136, 168, 214 and 238 had resigned and consequently casual vacancies have occurred in 9 Municipal Wards on 20.12.2013. Similarly, 4 additional vacancies occurred on 07.02.2015 consequent to resignation of Councillors of the Municipal Ward Nos.126, 166, 176 and 199. It is pleaded that in spite of the fact that the General Parliamentary Elections were held in April-May, 2014 and thereafter, elections to Delhi Assembly were held in February, 2015, the State Election Commissioner/respondent No.1 failed to take steps to fill up the above said casual vacancies in terms of the mandatory provisions of the Delhi Municipal Corporation Act, 1957 (for short ‘the DMC Act’).

3. In the affidavit filed by the respondent no.1/State Election Commission dated 28.08.2015, the fact that 13 casual vacancies are




























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