ORDER

1. Questioning the correctness of the order dated 26.10.2010 passed by the learned Single Judge in W.P.(C) No.13779/2009, the present intra-Court appeal has been preferred.

2. The factual matrix giving rise to the present appeal is that the appellant was registered as a voter and he was issued an EPIC No. CZF1248509 by the Electoral Registration Officer for 68 Gokul Pur (SC) Assembly Constituency within the territory of Delhi. In the first week of March 2009, prior to the parliamentary elections, he came to know that his name had been deleted from the Electoral Roll 2009 by the respondents.

3. Being dissatisfied with such deletion, he preferred WP(C) No.7967/2009 seeking inclusion of his name in the electoral roll. The writ petition was disposed of on 1.4.2009 granting liberty to the appellant to prefer an appeal under Section 24 of the Representation of Peoples Act, 1950 (for brevity `the 1950 Act'). The appellant filed an appeal which was dismissed by the Chief Electoral Officer by the order dated 25.9.2009.

4. Being aggrieved by the order of the appellate authority, the appellant preferred W.P.(C) No.13779/2009. It was contended before the writ court that the appel