Free Judgments

Sanjana Gahlot & Anr. vs The State Election Commission & … on 29 January, 2016

1. This public interest petition is filed bringing to the notice of this
Court, the alleged inaction on the part of the respondents in filling up the
casual vacancies in all the three Municipal Corporations of Delhi which are
stated to be lying vacant since December, 2013.
2. It is pleaded in the writ petition that the councillors in the Municipal
Ward Nos.44, 55, 67, 86, 124, 136, 168, 214 and 238 had resigned and
consequently casual vacancies have occurred in 9 Municipal Wards on
20.12.2013. Similarly, 4 additional vacancies occurred on 07.02.2015

W.P.(C) 6920/2015 Page 1 of 10
consequent to resignation of Councillors of the Municipal Ward Nos.126,
166, 176 and 199. It is pleaded that in spite of the fact that the General
Parliamentary Elections were held in April-May, 2014 and thereafter,
elections to Delhi Assembly were held in February, 2015, the State Election
Commissioner/respondent No.1 failed to take steps to fill up the above said
casual vacancies in terms of the mandatory provisions of the Delhi
Municipal Corporation Act, 1957 (for short „the DMC Act‟).

Source: Indian Kanoon