Delhi High Court
Paralympic Committee Of India & ... vs S P Sangwan & Ors on 14 November, 2019
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 14th November, 2019
+ LPA 666/2019
PARALYMPIC COMMITTEE OF INDIA & ORS .. Appellants
Through: Mr. Prosenjeet Banerjee, Adv. with
Mr. Naveen Chaudhary, Ms.
Shreya Singhal and Ms.Meera
Menon, Advs.
versus
S P SANGWAN & ORS ..... Respondents
Through: Mr. Jayant Mehta, Adv. with Mr.
Abhinav Agrawal, Adv. R-1
Mr. Anil Dabas, adv. with Mr.
Praveen Kumar, Adv. for R-7/UOI
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE C.HARI SHANKAR
ORDER
% 14.11.2019
D.N. PATEL, CHIEF JUSTICE (ORAL)
1. This Letters Patent Appeal has been preferred by the appellant Nos.
1 to 6 (original Respondent Nos.2, 4, 5, 7, 10 & 12 respectively in the
writ petition) against the impugned order dated 1st October, 2019 passed
in W.P.(C) 10647/2019 by the learned writ court wherein the learned
Single Judge has been pleased to held in para 17 as under:-
17. Normally courts would be very reluctant to interfere in
the election process once it set up in motion, however,
keeping in view the above noted facts, I am constrained, at
this juncture, to interdict the elections. Even otherwise,
apparently there is no polling required on 10.10.2019
because the final list of validly nominated candidates is
equal to the number of post. Accordingly, the notification of
election dated 03.09.2019 is stayed and the Returning
Officer is also restrained from declaring the result of the
elections till the next date of hearing."
2. Learned counsel appearing for the respondents submits that
W.P.(C) 10647/2019 is already fixed for hearing on 10th December, 2019
before the learned Single Judge and pleadings are to be completed by the
parties before the said date, and also stay application being CM No.
43984/2019 in the W.P.(C) 10647/2019 is pending before the learned
Single Judge, hence this LPA may not be entertained by this Court.
3. In view of the above submission, we see no reason to entertain this
LPA, as the next date of hearing in the writ petition is 10th December,
2019 and also for the reason that stay application in the writ petition is
also pending before the learned Single Judge. Parties are at liberty to
request the learned Single Judge to finally dispose of the W.P.(C) No.
10647/2019 at the earliest, if possible.
4. Learned counsel for both the sides shall request to the learned
Single Judge for an early date of hearing of the writ petition. The same
may be considered by the learned Single Judge, looking to the nature of
dispute involved in the writ petition.
5. All the grounds which are mentioned in this Letters Patent Appeal
are kept open to be argued before the learned Single Judge in W.P.(C)
10647/2019.
6. With these observations, this Letters Patent Appeal is hereby
disposed of.
CHIEF JUSTICE
NOVEMBER 14, 2019/dsn C.HARI SHANKAR, J.
