Kamaljeet Sehrawat W/o Raj Kumar Sehrawat vs Office of Lieutenant Governor of Delhi Through Principle Secretary

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4236

IN THE HIGH COURT OF DELHI AT NEW DELHI
Purushaindra Kumar Kaurav, J.
Kamaljeet Sehrawat W/o Raj Kumar Sehrawat – Appellant
Versus
Office of Lieutenant Governor of Delhi Through Principle Secretary – Respondent
W.P.(C) 2502 of 2023 & CM APPLs. 9574 of 2023, 20173 of 2023, W.P.(C) 2503 & CM APPL.9576/2023
Decided On : 23-05-2023

Advocates appeared:
Mr. Mahesh Jethmalani, Senior Advocate alongwith Mr. Pavan Narang, Mr. Shoumendu Mukherji, Mr. Ravi Sharma, Mr. Mugdha Pande, Ms. Vidhi Gupta, Mr. Satya Ranjan Swain & Ms. Megha Sharma, Advocates, for the Petitioner in W.P.(C) 2502 of 2023 & CM APPLs. 9574 of 2023, 20173 of 2023.
Mr. Udit Malik, ASC, GNCTD alongwith Mr. Vishal Chanda, Advocate, Mr. Ajay Digpaul, Standing Counsel alongwith Mr. Kamal Digpaul & Ms. Swati Kwatra, Advocates, for the Respondent-3 in W.P.(C) 2502 of 2023 & CM APPLs. 9574 of 2023, 20173 of 2023.
Mr. Rahul Mehra, Senior Advocate alongwith, Mr. Mohit Siwach, Mr. Chaitanya Gosain, Mr. Priyankar Tiwary and Mr. Anand Thumbayil, Advocates, for the Respondent-4 in W.P.(C) 2502 of 2023 & CM APPLs. 9574 of 2023, 20173 of 2023.
Mr. Jayant Mehta, Senior Advocate with Mr. Amit Tiwari, Mr. Neeraj, Mr. Bansuri Swaraj, Mr. Yogesh Verma, Mr. Chetanya Puri, Mr.Vedansh Anand, Ms. Anu Srivastav & Mr. Himanshu Seth, Advocates, for the Petitioner in W.P.(C) 2503 & CM APPL.9576/2023.
Mr. Udit Malik, ASC, GNCTD alongwith Mr. Vishal Chanda, Advocate Mr. Udit Malik, ASC alongwith Mr. Vishal Chanda, Advocate, for the Respondent-2 in W.P.(C) 2503 & CM APPL.9576/2023.
Mr. Ajay Digpaul, Standing Counsel alongwith Mr. Kamal Digpaul & Ms. Swati Kwatra, Advocates, for the Respondent-3 in W.P.(C) 2503 & CM APPL.9576/2023.
Mr. Rajshekhar Rao, Senior Advocate alongwith Mr. Mohit Siwach, Mr. Priyankar Tiwary, Ms. Mansi Sood and Ms. Vishakha Gupta, Advocates, for the Respondent-4 in W.P.(C) 2503 & CM APPL.9576/2023.

Headnote:(A) Delhi Municipal Corporation Act, 1957 - Sections 45 and 73 - Election process of members of Standing Committee - Dispute over validity of ballot papers and authority of the Mayor to declare them invalid - Court held that the rejection of ballots at the counting stage was impermissible and that the Mayor acted beyond her powers, reinforcing the need for democratic processes to reach completion; re-election not permissible under law. (Paras 1, 10, 148, 158)

(B) Writ Jurisdiction - Scope regarding election disputes - Judicial interference in election processes is limited and should only be exercised to prevent obstruction of the electoral process; the Court should ensure the election process reaches its logical conclusion. (Paras 20, 61, 146)

(C) Constitutional principles - Imperative need for free and fair elections as fundamental to democratic governance. (Paras 118, 157)

Table of Content
1. facts relevant to the petitions. (Para 1 , 2)
2. petitioners' claims and requested relief. (Para 3 , 4 , 5)
3. supreme court's directive on election procedures. (Para 6 , 11 , 12 , 30)
4. arguments against the mayor's actions. (Para 13 , 14 , 15 , 17)
5. leaning on regulations governing voting and validity. (Para 18 , 27 , 28 , 54)
6. objections raised about voting and re-election necessity. (Para 19 , 21 , 22 , 23)
7. court's conclusion on declaring results and legal mandates. (Para 109 , 118 , 119)
8. final ruling on the petitions. (Para 158 , 159)

JUDGMENT

1. These two writ petitions relate to the election of members of Standing Committee required to be constituted under Section 45 of the Delhi Municipal Corporation Act, 1957 (hereinafter `DMC Act, 1957`). In both the matters, since common issues viz. rejection of ballot paper; decision of re-poll; and scope of interference under writ jurisdiction are involved therefore, the same are being decided by a common order.

2. The petitioner in W.P.(C) 2502/2023, namely, Kamaljeet Sehrawat, contested the general election of Municipal Corporation of Delhi (hereinafter 'MCD') held on 04.12.2022 and was elected as Municipal Counsellor from Ward No.120, Dwarka-B, New Delhi.

3. The petitioner prays for inter alia a direction to declare him as elected in pursuance to the election held on 24.02.2023 for the Standing Committee of the DMC. For the sake of clarity, relief claimed in W.P.(C) 2502/2023 is reproduced as under:

"In the view of the submissions made hereinabove, the Applicant herein most respectfully pray that this Hon'ble Court may graciously be pleased to:

a) Direct the Respondent no. 4, in the capacity of Returning Officer to officially declare the results of elections held on 24.02.2023 of 06 members of Standing Committee to be elected by the General House of Municipal Corporation of Delhi, strictly as per Regulation 51(10)&(11) of the Delhi Municipal Corporation (Procedure & Conduct of Business)Regulation 1958; and

b) Declare candidates namely (i) Ms. Mohini (AAP), (ii) Shri Mohammad Aamil Malik (AAP), (iii) Ms. Raminder Kaur (AAP), (iv) Shri Gajendra Singh Daral (Independent), (v) Ms. KamalJeet Sehrawat (BJP), (vi) Shri Pankaj Luthra (BJP) as having been validly elected as members of the Standing Committee of the Municipal Cooperation of Delhi in the elections held on 24.02.2023; and

c) Pass orders declaring the notice bearing No. D-1029/M.S./2023, dated 24.02.2023 as null and void being contrary to the provisions of law; and

d) pass directions staying the operation of notice bearing No. D-1029/M.S./2023, dated 24.02.2023 during the pendency of the present proceedings; and

e) pass directions for appointment of a Judicial Officer as an observer to oversee the remaining process of the election i.e., declaration of result; and

f) Pass directions To Call For Records Of The Entire Electoral Process In The Interest Of Justice,

g) pass directions to the RO/Mayor/Municipal Secretary to preserve the ballots, recordings of the videography of the counting process and other relevant record of the election process till further directions; and

h) Pass such other and further order(s) as may deem fit in the circumstances of the case."

4. In W.P.(C) 2503/2023, the petitioner is the Counsellor elected in MCD election, 2022 from Ward No.146, Amar Colony. She being interested in constitution of the Standing Committee has also challenged the action of the Mayor/RO in issuing notice dated 24.02.2023. It is thus seen that she is also supporting the case put forth by the petitioner i.e. Kamaljeet Sehrawat in W.P.(C) 2502/2023. This writ petition, W.P.(C) 2502/2023, is therefore being considered as the lead matter.

5. The facts, pertinent to the present dispute, originate in the DMC elections conducted on 04.12.2022, wherein despite the election of 250 Counsellors, the election of the Mayor/Deputy Mayor and the Standing Committee was not conducted. The Hon`ble Supreme Court was then moved by