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1. These two writ petitions relate to the election of members of Standing Committee required to be constituted under Section 45 of the Delhi Municipal Corporation Act, 1957 (hereinafter ‗DMC Act, 1957'). In both the matters, since common issues viz. rejection of ballot paper; decision of re-poll; and scope of interference under writ jurisdiction are involved therefore, the same are being decided by a common order.

9

(1985) 4 SCC 194.

10

(1988) 1 SCC 277.

11 Signature Not Verified (2005) 8 SCC 383. 12 Signed By:PRATIMA

2020 SCC OnLine Del 421.

Signing Date:23.05.2023 19:22:35

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22. Learned senior counsel for respondent no.4/Mayor/RO also states that re-poll is a stage prior to the declaration of election result and an order for re-poll cannot be challenged under Article 226 of the Constitution of India. According to him, this submission is supported by the Constitution Bench decision in the case of Mohinder Singh Gill & Anr. v. The Chief Election Commissioner & Ors.13 and the decision of High Court of Gujarat in the case of Gauravbhai Babubhai Maniya v. Chief Election Commissioner14.

43. They also state that under the Regulations, 1958 or the Rules, 1956, there is no provision for re-poll or re-election. According to them, neither re-poll nor re-election can be directed by the Mayor/RO unless, the Mayor/RO enjoys such a power in the applicable regulatory regime. They then contend that if at all, re-poll or re- election or recounting is to take place, the same has to be done only by the order of the competent court.

28. That the Municipal Secretary without any authorization or power, because of its mala-fide intensions circulated a note dated 24.02.2020 thereby declaring the result for the Re-polling /Re-

election held for election of (06) Six Members of Standing Committee as under:

(i) Ms. Mohini (AAP)
(ii) Shri Mohammad Aamil Malik (AAP)