VISHVANATH AGARWAL vs ELECTION COMMISSION OF INDIA AND ORS.

Judgment text excerpt

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 23rd January, 2025 + W.P.(C) 765/2025 VISHVANATH AGARWAL .....Petitioner Through: Ms. Kiran Bala Agarwal, Advocate with Petitioner in person. versus ELECTION COMMISSION OF INDIA AND ORS......Respondents Through: Mr. Ankit Agarwal, Standing Counsel with Ms. Viyushti Rawat and Mr. Ashish Shukla, Advocates for Respondent No.1/ECI. Mr. Amit Sharma, Mr. Dipesh Sinha, Ms. Pallavi Barua and Ms. Aparna Singh, Advocates for Respondent No.2/SEC. Mr. Rajeev Sharma, Advocate for Respondent No.3. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JUDGEMENT JYOTI SINGH, J. (ORAL) CM APPL. 3806/2025 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. W.P.(C) 765/2025 and CM APPL.4365/2025 3. This writ petition is preferred on behalf of the Petitioner under Articles 226/227 of the Constitution of India seeking the following reliefs: “i. allow the Writ Petition; ii. Declare the action of the No. 3 is unconstitutional in as much, as not allowing/ accepting nomination form from candidate who reached before or at 3 PM on 17-01-2025, last day of nomination. Signature Not Verified Digitally Signed By:KAMAL KUMAR W.P.(C) 765/2025 Page 1 of 9 Signing Date:24.01.2025 20:24:07 iii. Set aside the nomination procedure adopted by the returning Officer AC-40 (new Delhi); iv. direct the Respondents to consider and allow the Petitioner's representation dated 19.01.2025 and consider the nomination form of petitioner; v. Injunct the State Election Commissioner or any the Respondent authority to declare the date of election schedule till pendency of this Writ Petition. vi. Impose exemplary cost on the RO AC-40 of new Delhi Assembly of causing disruption to good governance of Delhi; Assembly and halting the development proce