W.P.(C)/13251/2026 of MANAV ADHIKAR KALYAN MISHAN SANSTHA Vs MUNICIPAL CORPORATION OF DELHI AND ORS. on 10 September 2026

1. This hearing has been done through hybrid mode.

2. The challenge in the present petition is to the elections recently conducted by the MCD for the Town Vending Committee-2.

3. The Petitioner - Manav Adhikar Kalyan Mishan Sanstha, has filed this petition through its President - Mr. Anil Gupta, and is stated to be a society working for the welfare and rights of Street Vendors. The case of the Petitioner is that the MCD has not conducted the elections in a proper manner. It is alleged that the candidates have not been properly verified and certain grounds have been raised that there are persons who have more than one

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certificate of vending who have been permitted to stand for elections.

4. The Petitioner is stated to have also made a representation on 6th July, 2026 and another representation dated 7th July, 2026 has in fact been forwarded by the office of the Minister (Urban Development), GNCTD on 8th July, 2026 to the Commissioner, MCD.

5. The Court has heard Mr. Sanjay Baniwal, ld. Counsel for the Petitioner, and Ms. Kalra, ld. Standing Counsel for the MCD.

6. Mr. Anil Gupta, the President of the Petitioner society, who is present in Court, has also been queried as to how many members are there in the Petitioner Society. He submits that there are seven vendors who are part of the Petitioner Society. The names and details of the said vendors have not been placed on record. There is no authorization by the said vendors placed on record authorizing Mr. Anil Gupta to file this petition. There is one authorisation stated to have been only signed by the Secretary of the Association which is on record.

7. In any case, the elections to the TVC-2 have been concluded on 4th August, 2026. The petition has been filed now, almost five weeks later.

8. The conduct of the TVC-2 elections is of crucial importance for finalization of the vending plan of the MCD area. In fact, the Supreme Court in SLP(C) Nos. 26311-26312/2019 titled Saptahik Merchant Welfare Association (Registered) vs. North Delhi Municipal Corporation & Ors., vide order dated 6th April, 2026, had also given strict directions to the MCD to conduct the TVC-2 elections within a period of two months.

9. The Petitioner clearly appears to be a busybody raising general allegations without any specific basis. Moreover, a writ petition raising allegations in respect of elections cannot be entertained in this manner, as a

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PIL, once the elections have been concluded and the results have been announced. Any challenge to elections has to be as per law, by filing of an election petition, in respect of a specific candidate or a specific post.

10. Under these circumstances the present petition is dismissed with costs of Rs.10,000/- being imposed on Mr. Anil Gupta for having filed a frivolous petition.

11. The costs shall be paid to the MCD within two weeks. If the same is not paid, Ms. Kalra, ld. Standing Counsel is permitted to move an application. PRATHIBA M. SINGH JUDGE VIKAS MAHAJAN JUDGE SEPTEMBER 10, 2026 MR/msh

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