W.P.(C)/11476/2026 of ABU KHALID AND ORS Vs MUNICIPAL CORPORATION OF DELHI AND ORS. on 11 August 2026

O R D E R

% 11.08.2026

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioners under Article 226 of the Constitution of India, inter alia, challenging the election of the Town Vending Committee (hereinafter, ‘TVC’) constituted under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014.

3. The case of the Petitioners is that they were contesting candidates bearing Ballot Nos. 10, 18 and 9 in the TVC elections. However, they were denied the opportunity to either be present by themselves or have their counting agents be present, when the votes were being counted on 4th August, 2026. Thus, the Petitioners have sought recounting of the votes.

4. Mr. Mishra, ld. Counsel appearing for the Petitioners submits that as per paragraph 59 of the Municipal Corporation of Delhi (Election of the members of Town Vending Committee from amongst the street vendors) Guidelines, 2026, (hereinafter, ‘Guidelines, 2026’) the records of the election papers have to be retained for a period of six months. The said provision is set out below: “59. Disposal of election papers etc. Subject to any direction to the contrary given by a competent court, the packets and other papers and all data, results and other information recorded and voting ballot papers shall be retained for a period of six months from the date of publication of the results of election and shall thereafter be destroyed Provided that if an election petition is filed in the court of the District Judge of Delhi, the packets, other papers and all data and information stored in the voting to in this rule shall not be destroyed or erased, as the case may be, until the petition is finally disposed off.”

5. It is the further case of the Petitioners that they have made representations dated 5th August, 2026 to the Respondents for recounting of votes. However, the same has not been decided.

6. Aggrieved by the said inaction, the present petition has been preferred by the Petitioners seeking for the representations to be decided, for recounting of votes, and for the records to be preserved.

7. On the other hand, Ms. Tikoo, ld. Counsel appearing for the MCD submits that the elections have been concluded on 4th August, 2026, and the results have also been announced on the same day.

8. Further, ld. Counsel for the MCD submits that in terms of the

Guidelines 2026 and Schedule to Delhi Street Vendors Rules, 2017 the records would be preserved. However, the Petitioners would have to avail of their remedies in accordance with law.

9. The Court has considered the matter. The challenge to the elections of the TVC cannot, obviously, be adjudicated in a petition under Article 226 of the Constitution of India. The Petitioners would have to avail of their remedies by filing an election petition before the Court of competent jurisdiction.

10. In any event, under paragraph 59 of the Guidelines, 2026, the concern raised by the Petitioners is completely taken care of.

11. Insofar as the representations dated 5th August, 2026 is concerned, the MCD may consider the same in accordance with law.

12. No further reliefs are either sought or granted in the present petition.

13. With these observations, the petition is disposed of with liberty to the Petitioners to avail of their remedies, as per law. All pending applications are also disposed of. PRATHIBA M. SINGH, J. VIKAS MAHAJAN, J. AUGUST 11, 2026/dk/sm