HC dismisses petition seeking time to file nomination for Delhi assembly polls

Delhi High Court on Thursday dismissed a petition filed by 11 people seeking to file nomination papers from New Delhi constituency for the upcoming assembly elections in the national capital.

Delhi Chief Minister Arvind Kejriwal is contesting from the constituency.

A division bench of Chief Justice DN Patel and Justice Harishankar dismissed the petition saying that it is not maintainable and there is no substance in it.

The court observed that there was no need to interfere with the order passed by a single judge bench adding that there was no error committed by the previous bench while passing the order.

A single-judge bench of the High Court had, on January 28, dismissed the petition.

 

However, the division bench suggested that they can move election petition seeking legal remedies after the assembly election gets over as any interference at this stage would tantamount to interference in the progress of the election.

Election Commission's counsel defended the order passed by the single judge bench.

Advocate Viplav Sharma, appearing for 11 petitioners, argued that the petitioners were illegally arbitrary and mala fide deprived the petitioners and many others to file their nomination by the election officer of New Delhi Assembly Constituency.

He also said that single judge bench, without going into the merits of the petition, declined to entertain the said writ petition.

Sharma said that that the 11 appellants were not questioning the elections but wanted to participate, from which they were illegally, arbitrarily and in a 'mala-fide' way prevented from doing.

The eleven aspirants had moved the Delhi High Court alleging that officials deputed at Jam Nagar Election Office has facilitated Delhi Chief Minister Arvind Kejriwal to walk inside the election office out of turn evading the queue while filing his nomination paper from New Delhi Assembly seat.

The petitioners requested the High Court to issue directions to poll panel to give them reasonable time to file their nomination papers.

The petitioners had also requested the Delhi High Court to hold an enquiry on the mode and manner the candidates were dealt with by the election officer and allowed out of turn entry of Arvind Kejriwal inside the election office.