Priyanka Gautam vs State Election Commission & Ors.
2016 Latest Caselaw 7505 Del

$~14
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 11929/2016 & CMs 47046-47/2016
       PRIYANKA GAUTAM                             ..... Petitioner
                   Through : Mr. Kirti Uppal, Sr. Advocate with
                   Ms. Sahiba Pautil and
                   Mr. Priyanka Gautam, Advocates

                           versus

       STATE ELECTION COMMISSION & ORS.          ..... Respondents
                    Through : Mr. Sumeet Pushkarna, Advocate
                    for R-1.

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                           ORDER

% 20.12.2016

1. The present petition has been listed subject to an office objection with regard to its maintainability, as the petitioner seeks to assail the judgment dated 3.12.2016 passed in a suit for declaration, mandatory and perpetual injunction instituted by the respondent No.3, against her and several others for declaring as void, the election of the petitioner/defendant No.3 for the Municipal Elections-2012, in respect of Ward No.215.

2. It has been enquired from Mr. Uppal, learned Senior Advocate appearing for the petitioner as to how would a writ petition lie against a judgment passed by the learned trial court in a civil suit.

3. Mr. Uppal, learned Senior Advocate appearing for the petitioner states, on instructions, that he may be permitted to withdraw the present

petition, while reserving the right of the petitioner to assail the impugned judgment dated 3.12.2016, in accordance with law.

4. Leave, as prayed for, is granted. The writ petition is dismissed as withdrawn, along with the pending applications.

HIMA KOHLI, J DECEMBER 20, 2016 sk