MOHD ARIF Vs. PRAMOD TANWAR

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is filed for setting aside the order dated 5th July, 2013 passed by the ADJ, Dwarka Courts, New Delhi, who rejected the application filed by the petitioner under Section 151 CPC.

(2.) THE brief facts of the case are that a petition under Section 15 of Delhi Municipal Corporation Act was filed by the respondent No.2 whereby the election of respondent No.1 from Ward No.152 North MCD was challenged on the ground that the respondent No.1 was holding office of profit on the date of election.

(3.) LEARNED trial court acting in a post-haste manner proceeded to decide the case without conducting proper evidence and declared the election of respondent No.1 as null and void. The said order dated 8th October, 2012 was assailed by the respondent No.1 herein by filing a writ petition, being Writ Petition No.6640/2013, whereby this Court by order dated 4th February, 2013 remanded the election petition back to learned trial court with the direction to decide the case on merit after conducting the evidence. The prayer in the petition is to quash the order dated 5th July, 2013