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2018 Supreme(Del) 1581

IN THE HIGH COURT OF DELHI AT NEW DELHI
G.S. SISTANI, SANGITA DHINGRA SEHGAL, JJ.
DELHI PRADESH REHRI PATRI KHOMCHA HAWKERS UNION - Petitioner
Versus
SOUTH DELHI MUNICIPAL CORPORATION & ORS - Respondents
W.P.(C) 6672, 6673 of 2018
Decided on : 03-07-2018

Advocate Appeared:
For the Petitioner:Mr.Ramesh Kumar Mishra, Advocate.
For the SDMC :Ms.Sangeeta Chandra, Advocate with Mr.Sandeep Kumar, Addl.D.C.
For the NDMC :Ms.Jyoti Taneja, Advocate with Mr.M.A.Rehman, Mr.Tarunvir Singh Khehar, Standing Counsel with Mr.Vaibhav Agnihotri, Mr.Adhiraj Choudhary and Mr.Abhimanyu Gupta, Advocates Mr.Santosh Kumar Tripathi, Addl. Standing counsel.
For the EDMC :Mr.G.D.Mishra, Standing counsel and Mr.Tushar Sannu, Advocate with Mr.Victor James, Addl.D.C.

The main legal point established is that while the court allowed the display of voter lists, it declined the request for inviting objections at that stage, citing violation of Supreme Court orders.

Headnote:

Street Vendors - Elections Procedure - Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2017, Rule 13 - The court discussed the flawed procedure adopted by the Corporations for conducting elections, the requirement of displaying voter lists, and the objections raised by the petitioners. The court allowed the display of voter lists but declined the request for inviting objections at that stage, citing violation of Supreme Court orders.

Fact of the Case:

The petitioners challenged the flawed procedure adopted by the Corporations for conducting elections for the formation of the Town Vending Committees. They sought directions for displaying voter lists, inviting objections, and granting reasonable opportunity for street vendors to file objections.

Finding of the Court:

The court found that the Corporations had failed to display complete voter lists and had not provided sufficient time for street vendors to submit documents for verification. The court allowed the display of voter lists but declined the request for inviting objections at that stage, citing violation of Supreme Court orders.

Issues: The issues involved the flawed elections procedure, failure to display complete voter lists, and the request for inviting objections from street vendors.

Ratio Decidendi: The court allowed the display of voter lists but declined the request for inviting objections at that stage, citing violation of Supreme Court orders.

Final Decision: The court allowed the display of voter lists but declined the request for inviting objections at that stage, citing violation of Supreme Court orders.

JUDGMENT :

G.S. SISTANI, J.

1. Two organizations, namely, Delhi Pradesh Rehri Patri Khomcha Hawkers Union and Janodaya Ekta Samiti (Regd.) & another have filed W.P.(C) Nos.6672/2018 & 6673/2018 respectively. Mr.Ramesh Kumar Mishra, counsel for the petitioners submits that the prayers made in both the writ petitions are identical. Accordingly, for the sake of convenience, the facts in W.P.(C) 6672/2018 are being noticed and wherever the word “petitioners” is being used, it would relate to W.P.(C) 6672/2018 wherein the following prayers have been made:

“(a) Issue appropriate writ/order or direction directing the South Delhi Municipal Corporation and East Delhi Municipal Corporation to display the zone wise voter list prepared by the Corporations as on 19.06.2018 on the basis of documents submitted by the street vendors who have applied under the Scheme of 2007.

(b) Issue appropriate writ/order or direction directing the South Delhi Municipal Corporation, North Delhi Municipal Corporation and East Delhi Municipal Corporation to display the zone wise list of all those street vendors who have applied in 2007 and who are eligible for voting under Rule 13 of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2017. (c) Direct the South Delhi Municipal Corporation, North Delhi Municipal Corporation and East Delhi Municipal Corporation to give public notice announcing 15 more days time for submission of documents to such street vendors who could not submit their documents due to lack of public notice and at the same time allow such street vendors who have submitted their documents to raise objections, if any, against the list already prepared.

(d) Direct the South Delhi Municipal Corporation, North Delhi Municipal Corporation and East Delhi Municipal Corporation to verify the documents of such street vendors who have lost their receipts issued in 2007 on the basis of list available with the MCD.

(e) Direct the South Delhi Municipal Corporation, North Delhi Municipal Corporation and East Delhi Municipal Corporation to take the documents of such street vendors who are dependent of those who applied in 2007 and work at the place of the applicant.”

2. Counsel for the petitioners submits that the entire procedure adopted by the Corporations for conducting elections fixed on 15.07.2018 for the formation of the Town Vending Committees is flawed as the Corporations have failed to upload and display the complete voters list on the official websites and notice boards of the Corporations. Counsel further submits that the Corporations are proposing to carry out elections without following Rule 13 of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2017. Counsel for the petitioners further contends that as per Rule 13, the first Town Vending Committee is to be formed after conducting elections from amongst the street vendors who had applied in the 2007 scheme in the MCD/NDMC plus street vendors whose names find mentioned in the list prepared by the Chopra Committee and Thareja Committee and also any other vendor who has been issued a licence or any other form of permission by the local authorities. Counsel also contends that the Corporations had given a public notice calling upon the street vendors to produce documents for verification and for which sufficient time was not granted forcing the petitioners in W.P.(C). 6672/2018 to approach this Court and this Court had directed the Corporations to give reasonable notice of 30 days to the street vendors to submit documents for verification. Counsel for the petitioners submits that after the verification as per his information barely 10% persons have been found eligible and, thus further time should be granted to the street vendors to file objections.

3. Another grievance of the petitioners is that the Corporations are not uploading the notices and lists on the website, resulting in great inconvenience to the street vendors as the lists are displayed o





























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