New Delhi, Jan 18 (PTI) The Delhi High Court today upheldits single judge''s order directing the Election Commission todeclare MCD ward Majnu-Ka-Tila in north Delhi as vacant andhold fresh election for the post of Councilor.
A division bench of Chief Justice Dipak Misra and JusticeManmohan dismissed two appeals filed by Vikas, a Congresscandidate and Satish Kumar, a BJP candidate, challenging thesingle judge''s decision for fresh election under the DelhiMunicipal Corporation Act and Representation of People Act.
Upholding the single judge''s order and setting asidethe lower court''s findings, the bench said ".... it is verydifficult, in the absence of any kind of pleading or evidence,to arrive at the conclusion that the election petitionershould have been declared elected".
In April last year, while directing EC to hold freshelection in the ward, the single judge had directed Satish toforthwith cease to function as councilor in the ward.
He had said quashing of the election of a winningcandidate(Vikas) in a poll would not automatically result indeclaring the person (Satish) who got the second highestnumber of votes as elected.
The single judge''s verdict had come on an appeal filedby Vikas whose election as councilor was quashed by theAdditional District Judge in 2008 and in his place rival BJPcandidate Satish Kumar was declared as winner. (more) PTI PNM