J U D G M E N T

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 way of a writ petition filed by Ms. Shelly Oberoi and others under Article 32 of the Constitution of India.

6. The Hon'ble Supreme Court thereafter in Shelly Oberoi & Anr. v. Office of Lieutenant Governor of Delhi & Ors.1 vide order dated

17.02.2023 issued the following directions:-

"16. Hence, we issue the following directions:-

(i) At the first meeting of the Municipal Corporation of Delhi, the election shall be held first for the post of Mayor and at that election, the members who are nominated in terms of Section 3(3)(b)(i) of the Act shall not have the ri