C RAJASHEKARAN  Vs ELECTION COMMISSION OF INDIA

W.P.(C) 381/202 1 Page 1 of 3

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decisio n : 12th January , 2021

+ W.P.(C) 381/2021
C RAJASHEKARAN ….. Petitioner
Through: Mr. Rakesh Talukdar and
Mr. Abhimanyu Tewari, Advocates

versus

ELECTION COM MISSION OF INDIA ….. Respondent
Through: Ms. Suruchi Suri, Advocate

CORAM:
HON’BLE THE CHIEF JUSTICE
HON’BLE MS. JUSTICE JYOTI SINGH

JUDGMENT

: D. N. PATEL, Chief Justice (Oral)

Proceedings in the matter have been conducted through video
conferencing.
CM APPL. 1003 /2021 (exemption)
Allowed, subject to all just exceptions.
The application is disposed of.
1. This Pub lic Interest Litigation has been preferred for the following
prayers : – W.P.(C) 381/2021
“A. Issue a writ of mandamus to the Respond ent Election
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Commission of India, directing them to formulate and notify a
Model Procedure for Elections with respect to intra- party
elections in the spirit of Letter No.No.56/Gen./96-Judl.II/dated 13.08.1996 issued by the Respondent Commission, and

B. Issue a writ of mandamus to the Respondent to formulate
and issue appropriate orders, mandating the incorporation of the Model Procedure for Elections so formulated to be incorporated into the Constitutions of all political parties in the spirit of Letter No.No.56/Gen./96-Judl.II/dated 13.08.1996 issued by t he
Respondent Commission, and
C. Issue a writ of mandamus to the Respondent, directing them
to appoint external observers to ensure adherence to the Model Code of Elections so formulated by political p arties registered
with the Respondent under Section 29A of the Representation of People’s Act, 1951 in the spirit of Letter No.No.56/Gen./96-
Judl.II/dated 13.08.1996 issued by the Respondent Commission,
and
D. Issue a writ of mandamus to the Respondent to formulate
and issue appropriate orders, directing all political parties to strictly adhere to the Model Code of Elections with respect to
intra- party elections in the spirit of Letter No.No.56/Gen./96-
Judl.II/dated 13.08.1996 issued by the Respondent Par ty, and take
appropriate action for the failure to adhere to the same, and
E. Pass any such orders as it deems fit.”
2. Counsel appearing for the petitioner submits that it would suffice if
the present writ petition is disposed of with a direction to the re spondent to
decide the legal notice sent by the petitioner , dated 24
th November, 2020
(which is Annexure P -11 to the memo of this writ petition).
3. In view of this limited submission, we hereby direct the respondent to
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decide the legal noti ce dated 24th November, 2020 (Annexure P -11), in
accordance with law, Rules, Regulations and Government Policies
applicable to the facts of the case.
4. With this direction , this writ petition is hereby disposed of.

CHIEF JUSTICE

JYOTI SINGH, J
JANUARY 12, 2021
sr

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