Balwant Singh Khera v. Election Commission of India & Ors

O R D E R %

02.11.2017

¶1In view of the order of this court passed on 30th October, 2017, it is submitted by Ms. Indira Unninayar, learned counsel for the petitioner that the petitioner has been advised to seek leave of this court to withdraw the writ petition and CM No. 23541/2017 with leave to file a fresh and consolidated writ petition.

¶2It is further submitted by Ms. Unninayar that the fresh writ petition may not be rejected on account of the objections with regard to delay, which has been pressed by the respondents.

¶3So far as the question of delay prior to the filing of the writ petition as well as before filing of CM No.23541/2017 is concerned, given the objections taken by the respondents before us, the court seized of the fresh writ petition would be required to examine the respondents' objections premised on delay and laches on the part of the petitioner.

¶4However, so far as the period during which the matter has remained pending before this court, the petitioner may be entitled to seek waiver thereof by invoking the principles of Section 14 of the Limitation Act in accordance with law in the writ petition which is filed. It is so directed.

¶5In view of the above, the writ petition and all pending applications are dismissed as withdrawn with liberty as prayed for.

¶6We make it clear that we have not expressed any opinion on the merits of the rival contentions. Dasti to parties. ACTING CHIEF JUSTICE C.HARI SHANKAR, J NOVEMBER 02, 2017/kr

*IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1218/2010 & CM Nos.23514, 38807-38808/2017 BALWANT SINGH KHERA ..... Petitioner Through : Ms. Indira Unninayar, Mr. Narayan Krishan and Mr. Bibin Kurian, Advs. versus ELECTION COMMISSION OF INDIA & ORS...... Respondents Through : Mr. Y.R. Sharma, Adv. for R-1 Mr. Sharan Thakur, Mr. Pavit Mittewal, Mr. Vijay Kumar, Ms. Natasha Thakur and Mr. Parashuram, Advs. for R-2 Mr. Karan Bharihoke and Ms. Pawas Agarwal, Advs. for R-3 Mr. Satinder S. Gulati and Ms. Kamaldeep Gulati, Advs. for R-4/SGPC Ms. Gayatri Aryan, Adv. for R-6/DSGMC Mr. Sanjoy Ghose , ASC- GNCTD with Ms. Urvi Mohan, Adv. for R-7 CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR