Delhi High Court
Sardavinder Goyal vs Election Commission Of India And ... on 29 July, 2015
Author: G. Rohini
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 29.07.2015
+ W.P.(C) 6499/2015
SARDAVINDER GOYAL ..... Petitioner
Through: Petitioner-in-person.
Versus
ELECTION COMMISSION OF INDIA AND ORS.
..... Respondents
Through: Mr. P.R. Chopra, Adv. for R1 to 3.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JAYANT NATH
JUDGMENT
Ms. G. Rohini, Chief Justice (oral)
1. The petitioner who claims to be a practising Advocate in Punjab
and Haryana High Court, Chandigarh filed this petition by way of
Public Interest Litigation alleging that the Prime Minister of India and
Union Ministers belonging to Bharatiya Janata Party conducted
election campaign during the Elections for the Assembly of the NCT of
Delhi after the enforcement of the Model Code of Conduct and that the
same is in violation of clause (vii) of the Model Code of Conduct
which provides that the party in power, whether in the Centre or in the
States concerned, shall ensure that no cause is given for any complaint
that it has used its official position for the purpose of the election
campaign. It is also pleaded that though the petitioner made a
representation dated 20.01.2015 bringing the said fact to the notice of
the Election Commissioner and the same was also acknowledged by
letter dated 23.01.2015, no action has been taken. Hence, this writ
petition with the following prayer:-
"(i) A writ in the nature of Mandamus or any appropriate
writ directing the respondents to take immediate action
against party in power i.e. Respondent no. 4, (Bhartiya
Janta Party) for violating the provisions of Model Code of
Conduct by way of using the official position of the Prime
Minister of India, other Union Ministers and Ministers of
other states including Chief Ministers, for the purpose of
election campaign, as these dignitaries have conducted
election campaign in the NCT of Delhi after the
enforcement of Model Code of Conduct and have made
promises in violation of clause (vii) of Model Code of
Conduct to influence the voters to cast their votes in
favour of party in power.
(ii) Further respectfully prayed that any other appropriate
writ/direction may be issued to restrain party in power i.e.
Respndent no. 4 to use its official position for the purpose
of election campaign and restrain Prime Minister of India,
other Union Ministers and Ministers of other states
including Chief Ministers from conducting election
campaign/addressing rallies, in their official position,
during the period Model Code of Conduct is enforced, in
future, in the interest of justice.
(iii) Pass any other order or direction as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case in favour of the Petitioner and
against the Respondents."
2. We have heard the petitioner appearing in person and perused
the material available on record. The notification for General Election
to the Legislative Assembly of NCTD was issued on 14.01.2015. The
polling took place on 07.02.2015 and the counting was held on
10.02.2015. The writ petition which appears to have been filed on
10.02.2015, was listed for hearing only on 15.07.2015 from which date
it is adjourned to today.
3. With regard to prayer No.1 in the petition i.e. to take appropriate
action against the respondent No.4 for the alleged violation of clause
(vii) of Model Code of Conduct, we are of the view that in the light of
other remedies available under law, it is not open to the petitioner to
invoke the extraordinary jurisdiction of this Court under Article 226 of
the Constitution of India, particularly, by way of Public Interest
Litigation. So far as prayer No.2 is concerned, since the election in
question was concluded long back, the cause does not survive.
4. Hence, we are not inclined to entertain the writ petition and the
same is accordingly dismissed.
No costs.
CHIEF JUSTICE
JAYANT NATH, J.
JULY 29, 2015
kks
