D.K.CHOPRA Vs. NCT OF DELHI

JUDGEMENT

(1.) Vide the instant writ petition filed under Article 226 of the Constitution of India, petitioner has prayed for deferring the elections of Mehrauli Vidhan Sabha to be held on 08.02.2020 and direction to the CBI to hold enquiry for purchase and sale of tickets in crores and removal of SHO PS Mehrauli.

(2.) It is submitted by the petitioner that he was given appropriate permission bearing no. 10B/south/R/ACP/ Permission/SD dated 21st January, 2020 for conducting rally on 5th February, 2020 at 3.00 p.m. from Andheri Mor till Kallu Ram Chowk, followed by meeting from 5.00 p.m. till 9.00 p.m. at Kallu Ram Chowk, Mehrauli. It is further submitted that based on the said permission, petitioner got published banners, posters and pamphlets and thereby spent around Rs. 60,000/- on its distribution, dissemination, tent arrangements and for tea and food etc. It is further submitted that illegally, the Municipal Corporation of Delhi removed the banner of the said meeting having catchy phrase that 'Croro ki ticket Mehrauli Vidhan Sabha mai lene walo ko moh tor jawab de' at late night on 4th February, 2020 though petitioner was permitted to put forth banners for the said purpose. It is further submitted that when rally began at 3.00 p.m. from Andheri Mor, some persons illegally started wrongfully restraining, harassing and threatening the petitioner, supporters of the petitioners and public and these persons were identified as belonging to congress Party and were hand in glove with SHO Mehrauli Ved Prakash. The matter was reported to police three times but police and Authorized Election Officers failed to enforce law and order. Police Election Observer-Raja Srivastav scolded the petitioner for calling him with different numbers. Police officials failed to register any case despite taking complaint from petitioner. SHO PS Mehrauli Sh. Ved Prakash being hand in glove with Congress, allowed the party to conduct meeting at the same time and place at Kallu Ram Chowk. It is further submitted that SHO PS Mehrauli had informed the petitioner that SDM has made the last minute changes. However, SDM has denied any such proposal/changes. Thereafter, the matter was again immediately informed to the police officials at 100 no. However no action was taken. The petitioner has, therefore, prayed that elections for Vidhan Sabha scheduled for 08.02.2020 be deferred and he be allowed to hold rally from 5.00 p.m. to 9.00 p.m. on 07.02.2020 at Kallu Ram Chowk and CBI inquiry be ordered into sale and purchase of tickets and SHO PS Mehrauli be removed from his present posting.

(3.) On the other hand, Ld. APP for the state has opposed the writ petition. He has submitted that there is no reason to interfere in the ongoing election process as nothing wrong was committed by the Police authority or by officials on Election duty and the present writ petition, therefore, be dismissed.