The Delhi High Court has restrained the State Election Commission from initiating the process for holding of election to the Majnu Ka Tila ward of the Municipal Corporation of Delhi. The Commission had recently declared the ward vacant.
A Division Bench of the High Court issued the direction on an appeal by BJP candidate Satish Kumar, who had been declared winner by a lower court that had held the election of his rival, Vikas of the Congress, null and void.
However, a Single Bench of the High Court had last month set aside the lower court ruling and declared the ward vacant.
In the civic body elections held in 2007, Vikas of the Congress had been declared winner from the ward.
Satish Kumar had challenged his election in the lower court citing certain lacunae in his nomination papers.
The lower court had declared the election of Vikas to the civic body null and void when he failed to prove that his nomination papers did accompany two mandatory forms.
While setting aside the election, the lower court had declared Satish Kumar winner from the ward.
However, Justice S. Muralidhar of the High Court had set it aside and declared the seat vacant.
In his appeal, Satish Kumar submitted that the lower court judgment declaring him winner from the ward was as per the Representation of the People Act.
