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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Naresh Chaudhary - Petitioner
Versus
Surajmal Memorial Education Society & Ors. - Respondents
W.P. (C) 3220 of 2025, CM APPL. 15020 of 2025 & CM APPL. No. 18085 of 2025
Decided On : 27-03-2025
ORDER :
1. The present writ petition has been filed seeking quashing of the entire election process, including, the declaration of the result dated 4th March, 2025.
2. There is a further prayer for direction to conduct fresh elections under the supervision of this Court.
3. Issue notice. Notice is accepted by learned counsel appearing for the respondents.
4. Learned Senior Counsel appearing for respondent no. 1 submits that the respondent no. 1 is a private society, and a writ petition against the said society, will not be maintainable.
5. Per contra, learned Senior Counsel appearing for the petitioner disputes the same.
6. Learned counsel appearing for respondent no. 4, i.e., Sub-Divisional Magistrate, Dwarka, submits that he has instructions to file an affidavit to the present petition, as there has been mass rigging in the elections, in the present case.
7. The aforesaid submission made by learned counsel appearing for respondent no. 4 is disputed by learned Senior Counsel appearing for respondent no. 1, learned counsel appearing for respondent no. 13 and learned counsel appearing for respondent no. 6.
8. Mr. N.P. Kaushik, respondent no. 2, who is one of the observers in the election conducted for respondent no. 1, is present in Court.
9. Respondent no. 2 is directed to preserve all the record.
10. Accordingly, let reply be filed within a period of four weeks.
11. It is pointed out that a connected matter, being W.P.(C) 11799/2019, is listed for hearing on 14th April, 2025.
12. Re-notify on 14th April, 2025.
The maintainability of a writ petition against a private society and allegations of election rigging are central to the proceedings.
Writ petitions against private individuals in election matters are not maintainable; election disputes must be resolved through statutory remedies.
An election petition must contain specific prayers and material facts; defective electoral rolls alone cannot invalidate an election, and the absence of full particulars does not preclude trial if ma....
The principle of waiver cannot apply in election matters as election law is peremptory in nature and cannot be waived by any action of a party.
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