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2018 Supreme(Del) 844

SANJIV KHANNA, CHANDER SHEKHAR
KAILASH GAHLOT – Appellant
Versus
ELECTION COMMISSION OF INDIA – Respondent


Advocates Appeared:
For the Petitioners:Mr. K.V. Vishwanathan, Sr. Advocate with Mr. Manish Vashist, Mr. Sameer Vashist, Mr. J.P. Gupta, Mr. Rikky Gupta, Ms. Trisha Nagpal, Ms. Astha Gupta, Mr. Manashwy Jha and Mr. Ravi Raghunath, Advocates.
For the Respondents:Mr. Amit Sharma, Mr. Dipesh Sinha, Ms. Ayiala Imti and Mr. Prateek Kumar, Advocates, Mr. Sanjay Jain, ASG with Mr. Anil Soni, CGSC, Ms. Rajul Jain with Mr. Yuvraj Sharma, Advocates, Mr. Anuj Aggarwal, ASC, Mr. Mudit Gupta and Mr. Sangam Kumar, Advocates.

JUDGMENT :

SANJIV KHANNA, J.

Writ petitioners, 20 in number, who were elected in February, 2015 as members of the Legislative Assembly of the National Capital Territory of Delhi have filed the afore-stated writ petitions challenging their disqualification. Prayer clause of the amended writ petition in the case of Kailash Gahlot, which is treated as lead case, reads as under :-

“1. A Writ of Certiorari or any other appropriate Writ to quash/set-aside the opinion dated 19.01.2018 rendered by the Respondent no.1 in case Reference no. 5 of 2015 bearing title as Prashant Patel vs. Praveen Kumar & 20 other MLA's being rendered without affording any opportunity of hearing to the Petitioners and being against the principles of natural justice and without considering the facts as well as law pleaded by the Petitioners before the Respondent No.1 and also being ultra vires, unconstitutional and null and void.

2. A Writ of Certiorari or any other appropriate Writ to Quash/Set-Aside the Notification Dated 20.01.2018 published in the Official Gazatte of India, Extraordinary, Part-II, Section 3





























































































































































































































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