MCD polls: HC rejects petition seeking stay on civic polls

The court’s oral remark came while hearing a plea by advocate Sanjay Sharma, who has challenged the elections contending that the de-limitation of the wards was not done properly.

The Delhi high court on Wednesday refused to stop the municipal corporation elections scheduled for December 4, saying once the elections have been notified by the authorities, they cannot be stayed.

A high court bench, however, noted that similar petitions with the same prayer to stay the MCD polls are listed for December 1. (HT Photo)

The court’s verbal remark came while hearing a plea by advocate Sanjay Sharma, who has challenged the elections contending that the delimitation of the wards was not done properly.

Citing earlier rulings of the Supreme Court in this aspect, a bench of chief justice Satish Chandra Sharma and justice Subramonium Prasad said, “Are you a lawyer or a petitioner? If you are an advocate, then you must be aware of the SC order that once the elections have been notified, we can’t stay it”.

The bench, however, noted that similar petitions with the same prayer are listed for December 14, following which it listed the matters for that date, and issued notices to the Union and state governments.

In one of the pleas, petitioner-lawyer Sanjay Gupta has said that he intends to contest the elections but the wards from where he wanted to contest were allotted to either Scheduled Caste (SC) or SC women candidates. Two other petitioners -- the National Youth Party and a resident welfare association -- have also challenged the delimitation of wards of the civic body.

Last month, the court had also issued notice on a plea by Congress leader Anil Kumar challenging the delimitation of the municipal wards, contending that the Centre has completely ignored the ratio of area population and without dividing them in equal proportions, according to the last census of 2011 and natural boundaries.