Download as pdf or txt
Download as pdf or txt
You are on page 1of 30

Bar & Bench (www.barandbench.

com)

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI


Extraordinary Original Civil Jurisdiction

WRIT PETITION (CIVIL) NO._________ OF 2017

IN THE MATTER OF:-

PRASHANT MANCHANDA ...PETITIONER

VERSUS

UNION OF INDIA & ORS. ...RESPONDENTS

INDEX

S.No. Particulars Page Nos.

A. Court Fees

1. Notice of Motion

2. Urgent Application

3. Memo of parties

4. List of Dates and Events

5. WRIT PETITION - Petition Under Article 226


Of The Constitution Of India Seeking Writ Of
Mandamus Against The Respondents And To
Issue In Favour Of The Petitioner Along With
Affidavit.
6. ANNEXURE P-1(colly): Copies of newspaper
reports along with true typed copy.

7. ANNEXURE P-2(colly): Copies of


photographs of defacement of properties around
Delhi along with true typed copy.

8. ANNEXURE P-3: Copy of Times of India


newspaper report dated 29-08-2017 along with
true typed copy.

9. Application For Exemption From Filing


Certified Copy Of The Documents i.e.
Bar & Bench (www.barandbench.com)

Annexures Under Section 151 C.P.C along with


Affidavit.
10.
Certificate of Non Filing

11.
Certificate for supplying the coloured
photographs

12.
Photocopy of I.D. Proof of the
Petitioner/Applicant.

PETITIONER IN PERSON

DATED:
NEW DELHI
THROUGH
PRASHANT MANCHANDA (ADVOCATE)
OFFICE:- 123, RG COMPLEX-II,
PRASHANT VIHAR, DELHI-85
MOB: 9971879203
Bar & Bench (www.barandbench.com)

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI


Extraordinary Original Civil Jurisdiction

WRIT PETITION (CIVIL) NO._________ OF 2017

IN THE MATTER OF:-

PRASHANT MANCHANDA ...PETITIONER

VERSUS

UNION OF INDIA & ORS. ...RESPONDENTS

NOTICE OF MOTION
To,
Standing Counsel (Criminal),
NCT of Delhi

Sir,
Please take note that the above mentioned matter is likely to be listed
before the Hon’ble Court on ___________ or any day thereafter, as per
the convenience of the Hon’ble Court.

PETITIONER IN PERSON

DATED:
NEW DELHI
THROUGH
PRASHANT MANCHANDA (ADVOCATE)
OFFICE:- 123, RG COMPLEX-II,
PRASHANT VIHAR, DELHI-85
MOB: 9971879203
Bar & Bench (www.barandbench.com)

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI


Extraordinary Original Civil Jurisdiction

WRIT PETITION (CIVIL) NO._________ OF 2017

IN THE MATTER OF:-

PRASHANT MANCHANDA ...PETITIONER

VERSUS

UNION OF INDIA & ORS. ...RESPONDENTS

URGENT APPLICATION
To,
The Registrar,
High Court of Delhi,
New Delhi

Sir,
Kindly treat the accompanying application as urgent in accordance with
the Delhi High Court Rules & Orders. The ground of urgency is as
follows:
“The petitioner is aghast at the blatant violation of the basic civic laws
and of the Student Election Code of Conduct committed by the upcoming
student leaders, who are defacing and soiling the public and private
properties in DUSU Election, 2017 which is scheduled for 12th
September, 2017. This violation needs to be contained and remedied
hence, the urgency.”

PETITIONER IN PERSON

DATED:
NEW DELHI
THROUGH
PRASHANT MANCHANDA (ADVOCATE)
OFFICE:- 123, RG COMPLEX-II,
PRASHANT VIHAR, DELHI-85
MOB: 9971879203
Bar & Bench (www.barandbench.com)

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI


Extraordinary Original Civil Jurisdiction

WRIT PETITION (CIVIL) NO._________ OF 2017

IN THE MATTER OF:-

PRASHANT MANCHANDA ...PETITIONER

VERSUS

UNION OF INDIA & ORS. ...RESPONDENTS

MEMO OF PARTIES

1. PRASHANT MANCHANDA
S/O LATE DAVINDER MANCHANDA
R/O C-23F, VIJETA VIHAR, SEC 13,
ROHINI, DELHI-110085
...PETITIONER

VERSUS

1. UNION OF INDIA, THROUGH


MINISTRY OF HOME AFFAIRS, THROUGH ITS
JOINT SECRETARY,
NORTH BLOCK CENTRAL SECRETARIAT,
NEW DELHI-110001
…RESPONDENT NO. 1

2. PROF. YOGESH K TYAGI, VICE CHANCELLOR,


PATRON OF DUSU,
UNIVERSITY OF DELHI, DELHI -110007
…RESPONDENT NO. 2
3. NEW DELHI MUNICIPAL COUNCIL,
THROUGH ITS CHAIRMAN
(NDMC HEAD OFFICE)
PALIKA KENDRA
PARLIAMENT STREET, NEW DELHI-110001
…RESPONDENT NO. 3

4. SOUTH DELHI MUNICIPAL CORPORATION


THROUGH ITS CHAIRMAN
780, MAJOR SOMNATH MARG, SECTOR-9,
RK PURAM, NEW DELHI-110022 …RESPONDENT NO. 4
Bar & Bench (www.barandbench.com)

5. COMMISSIONER OF POLICE – DELHI


POLICE HEADQUARTERS, M.S.O BUILDING,
NEW DELHI-110002
…RESPONDENT NO. 5

6. DELHI METRO RAIL CORPORATION,


THROUGH ITS DIRECTOR
METRO BHAWAN, FIRE BRIGADE LANE,
BARAKHAMBA ROAD,
NEW DELHI – 110001

…RESPONDENT NO. 6

PETITIONER IN PERSON

DATED:
NEW DELHI
THROUGH
PRASHANT MANCHANDA (ADVOCATE)
OFFICE:- 123, RG COMPLEX-II,
PRASHANT VIHAR, DELHI-85
MOB: 9971879203
Bar & Bench (www.barandbench.com)

LIST OF DATES AND EVENTS

2006 The Lyngdoh Committee was set up by the Ministry of

Human Resource Development (MHRD) in 2006 as per the

direction of the Supreme Court to reform students' union

elections and to get rid of money and muscle power in student

politics. Lyngdoh Committee Recommendations (LCR), 2006

was submitted with a view to curtail the havoc wreaked during

the student elections by the candidates and to prescribe the

do’s and don’ts for the elections. (relevant portion):

“6.7.8.No candidate shall, nor shall his/her supporters, deface

or cause any destruction to any property of the university

/college campus, for any purpose whatsoever, without the

prior written permission of the college / university authorities.

All candidates shall be held jointly and severally liable for

any destruction/defacing of any university / college property.”

2013- From the newspaper reports gathered by the petitioner since

2017 2013, it has come to his notice that every concerned authority

entrusted with the responsibility of pressing the law into

motion so as to curtail the menace of soiling, corroding,

defacing and destroying the public and private properties,

across all quarters of Delhi ensuing annoyance and nuisance to

the public has been only passing the buck onto some other

connected authorities every consecutive year which has, in the

present day, taken a monstrous form.


Bar & Bench (www.barandbench.com)

June- That the aspiring student leaders backed by the Student

August political organization are corroding, defacing and destroying

public and private properties in the face of upcoming DUSU


2017
elections 2017 whereupon they have spray painted & pasted

posters on subways, on flyovers, overbridges and walls across

the capital in a run-up to the Delhi University Students Union

(DUSU) election, more prominently at the North Campus,

also taking in its fold defacing private properties, sadly the

concerned authorities have miserably failed to curb the said

menace.

August That thereafter, owing to the manifest ineptness of the

2017 concerned authorities to obliterate the aforesaid menace

petitioner was constrained to undertake a painstaking direct

and indirect research through the internet from 2013 to present

& field surveys of students in person with a view to find out

the measures taken by the concerned authorities to set the law

into motion. However, astonishingly it has been found that the

said nefarious practices have been carried out inordinately

with complete impunity, wherein the concerned authorities

have been only a mute spectator to the students’ grievances

and public spirited citizens in every consecutive year. The

same also gets underpinned by the statements issued by the

senior officers of the concerned authorities to the Leading

Newsapers, whereupon they have cited their helplessness to


Bar & Bench (www.barandbench.com)

put an end to the menace, instead passing the buck onto the

connected authorities. Evidently, it has only emboldened the

lawbreakers to almost create havoc in the heart of the city,

making the situation from bad to worse.

28th That the petitioner upon noticing the blatant violation of the

August law by the aforesaid candidates captured photographs of the

2017 defacements and destruction of public property across various

parts of the city appended with this petition.

29th As published in TOI DU students’ helplessness at the hands of

August the ineptness of the administration to prevent the braggadocios

littering of campuses, defacement and damaging the college to


2017
a deplorable extent of painting even the classrooms by the

student political outfits in particular ABVP AND NSUI, thus

ensuing manifest deprivation of their Fundamental rights were

found forced to launch a signature campaign abstaining to

vote against organization found littering their campus.

That the Division Bench of the Hon’ble Delhi High Court in

Anil Bhatia and Ors Vs. Govt. of NCT of Delhi and Ors.

(MANU/DE/0427/2015) while clearly deprecating the

practice of defacing Private and Public properties in the garb

of campaigning for elections held that such plastering of

walls even in private properties infringes the Right to life of

the citizens. Relevant extracts reproduced as thus:-

26. “The Division Bench of the High Court of Bombay, in


Bar & Bench (www.barandbench.com)

Sunil Pandharinath Jadhav Vs. State of

Maharashtra MANU/MH/0537/2010 :MANU/MH/0537/20

10, dealing with the Bombay Provincial Municipal

Corporation Act, 1949 and the Maharashtra Prevention

of Defacement of Property Act, 1995, held that display of

any poster/banner/hoarding which does not cohere with the

surrounding is bound to have bearing on the appearance or

beauty, in that case, of a public place, is an eyesore to the

viewers, thereby causing public nuisance (reference was

made to Section 268 of Indian Penal Code, 1860) and

violates Fundamental Right under Article 21 by robbing

them of clean and beautiful environment and surroundings

free from any defacement.

30. There can be no manner of doubt that putting up of

such political posters on one's own property, for selling to

neighbours/passersby one's own political party/ideology,

does indeed make the facade of a building an eyesore.

Plastering of facade walls even if of private properties and

at the behest of the owners with posters is indeed an ugly

sight and infringes the right to life of others who expect to

see clean facade walls of private properties abutting

the public streets.

Hence, this present Writ Petition.


Bar & Bench (www.barandbench.com)

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI


Extraordinary Original Civil Jurisdiction

WRIT PETITION (CIVIL) NO._________ OF 2017

IN THE MATTER OF:-

PRASHANT MANCHANDA ...PETITIONER

VERSUS

UNION OF INDIA & ORS. ...RESPONDENTS

PUBLIC INTEREST LITIGATION IN THE NATURE OF WRIT

OF MANDAMUS UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA PRAYING FOR ISSUANCE OF

WRIT ORDERS OR DIRECTIONS IN THE NATURE OF

MANDAMUS DIRECTING THE RESPONDENTS TO TAKE

EFFECTIVE STEPS AGAINST THE PROSPECTIVE

CANDIDATES OF DUSU ELECTIONS & STUDENT POLITICAL

OUTFITS WHO ARE INVOLVED IN DAMAGING, DEFACING,

SOILING OR DESTROYING THE BEAUTY OF PUBLIC WALLS

& DAMAGING AND DISRUPTION OF CLASSROOMS THUS

DEPRIVING THE CITIZENS OF CLEAN AND BEAUTIFUL

ENVIRONMENT AND SURROUNDINGS FREE FROM

DEFACEMENT AS WELL AS DEPRIVING THE STUDENTS OF

THEIR RIGHT TO EDUCATION.

To,

THE HON’BLE CHIEF JUSTICE &


HIS COMPANION JUSTICES OF THIS HON’BLE COURT
Bar & Bench (www.barandbench.com)

THE HUMBLE PETITION OF


THE PETITIONER ABOVE-NAMED

MOST RESPECTFULLY SHOWETH:

1. That the Writ Petitioner has no personal interest in the litigation.

The Petition is not guided by self-gain or for gain of any other

person /institution/body and that there is no motive other than of

public interest in filing the Writ Petition.

2. That the petitioner who is an advocate by profession is heart

wrenched at the defacement of public properties across all quarters

of Delhi in the wake of the upcoming DUSU elections as also

owing to the manifest ineptness of the concerned authorities to

curtail the aforesaid menace was constrained to undertake a

painstaking direct and indirect research through the internet from

2013 to present & field surveys of students in person with a view

to find out the measures taken by the concerned authorities to set

the law into motion. However, astonishingly it has been found that

the said nefarious practices have been carried out inordinately with

complete impunity, wherein the concerned authorities have been

only a mute spectator to the students’ grievances and public

spirited citizens in every consecutive year. The same also gets

underpinned by the statements issued by the senior officers of the

concerned authorities to the Leading News, whereupon they have


Bar & Bench (www.barandbench.com)

doggedly cited their helplessness to put an end to the menace,

instead passing the buck onto the connected authorities. [The

copies of newspaper reports are appended as Annexure P-1 (colly)]

3. That the petitioner upon noticing the blatant violation of the law by

the aforesaid candidates captured photographs of the defacements

and destruction of public property across various parts of the city.

[The copies of photographs are appended as Annexure P-2 (colly)]

4. That the petitioner has preferred the instant writ petition under

Article 226 of the Constitution of India seeking directions in the

nature of writ of mandamus directing the respondents to prohibit

the candidates participating Delhi University Student’s Election

(hereinafter referred as “DUSU”), 2017 from soiling the walls,

Public properties, private shops with the use of ink, chalk, paint

and/or poster across the city as this does not cohere with the

surrounding have thereby strong bearing on the appearance or

beauty, further as the same is done in a public place, is an eyesore

to the viewers, and violates Fundamental Right under Article 21 by

robbing the citizens of clean and beautiful environment and

surroundings free from any defacement further it also results in

irrational, arbitrary exercise of their student election candidature

and thus, violative of Article 14 and 21 of the Constitution.


Bar & Bench (www.barandbench.com)

5. That the distasteful display of ugliness spread across the city at

public places like Metros, subways, flyovers, over bridges and so

on leads to a negative impact over the environment as also dealing

a body blow to the reputation and dignity of our country before the

foreign tourists inter alia leading to commercial losses in the teeth

of having an adverse fallouts upon our tourism revenues. The court

may impose fine on the petitioner if it finds the petition to be

vexatious or frivolous and has means to pay the same.

6. That the soiling of walls becomes indeed an abhorrent sight and

infringes the right to life of other students and public at large who

expect to see clean walls of public properties viz. Metro Station

Walls, University College walls, Bus Stops and Public streets.

7. That as published in TOI, Delhi University students’ helplessness

at the hands of the ineptness of the administration to prevent the

braggadocios littering of campuses, defacement and damaging the

college to a deplorable extent of painting even the classrooms by

the student political outfits in particular ABVP AND NSUI, thus

ensuing manifest deprivation of their Fundamental rights were

found forced to launch a signature campaign abstaining to vote

against organization found littering their campus. [The copy of

Times of India newspaper report is appended as Annexure P-3]

8. That the unabashed acts of lawlessness unfurled by the prospective

candidates and the student political organizations frescoes a sad

commentary on our education system which leads to a conspicuous


Bar & Bench (www.barandbench.com)

sight of diminishing value of ethics and principles. Precisely,

illegalities committed at the ground level of both politics and

education system casts a great deal of discouragement and despair

to the existing as well as prospective students as to the incoherent

environment provided to them almost to the point of it becoming a

jungle of posters and banners in an otherwise sacrosanct institute

which lays at the heart of careers and future endeavours of every

aspiring professional.

9. That it is submitted that no Writ Petition, Application including

Review Application etc. or any other proceedings arising from or

related to relief sought in the instant matter has been filed by the

Petitioner, or is pending before this Hon’ble Court or any other

Court within jurisdiction of this Hon’ble High Court or Supreme

Court of India.

10.That the present Writ Petition is being filed by way of Public

Interest Litigation and the Petitioner doesn’t have any personal

interest in the matter. Present Petition has been filed with a view to

enforce the Fundamental Rights of our citizens to enjoy clean,

hygienic civic life and environment.

11.That this Hon’ble Court has jurisdiction to entertain the present

petition under Article 226 of Constitution of India.


Bar & Bench (www.barandbench.com)

12.That since the Respondents 1 to 6 have failed to discharge their

statutory and constitutional obligations the Petitioner does not have

any other alternative and equally efficacious remedy and is

constrained to file the instant Writ Petition in the nature of a PIL,

on the following amongst other:

GROUNDS

A. Because the present writ petition is pro bono publico in which the

Petitioner has no personal interest in the matter or the reliefs

sought herein.

B. Because the Respondents have manifestly failed to discharge their

statutory and constitutional obligations

C. Because the illegal acts of the prospective candidates of DUSU,

2017 soiling the walls, Public properties, private shops with the

use of ink, chalk, paint and/or poster across the city corrodes the

entire surrounding having strong bearing on the appearance or

beauty, further as the same is done in a public place, is utterly

disruptive and an eyesore to the viewers violating Fundamental

Right under Article 21 by robbing the citizens of clean and

beautiful environment and surroundings free from any defacement.

D. Because inspite of the specific and categorical guidelines

propounded by the Lyngdoh Committee Recommendations (LCR),

2006, (relevant portion):

“6.7.8. No candidate shall, nor shall his/her supporters, deface or

cause any destruction to any property of the university / college


Bar & Bench (www.barandbench.com)

campus, for any purpose whatsoever, without the prior written

permission of the college / university authorities. All candidates

shall be held jointly and severally liable for any destruction /

defacing of any university / college property.”

The report was submitted with a view to curtail the aforesaid

menace the concerned authorities have exhorted their helplessness

to enforce the same bolstering the student outfits to carry the

illegal activities thus unfolding itself to a gigantic proportions.

E. Because the Hon’ble Supreme Court has from time to time been

expanding the definition of the right to life assured in Article 21 of

the Constitution of India and has in State of M.P. Vs. Kedia

Leather & Liquor Ltd. MANU/SC/0625/2003: (2003) 7 SCC 389

held that environmental, ecological, air and water pollution amount

to violation of right to life assured by Article 21. Hygienic

environment has been held to be an integral facet of healthy life. It

was held that right to live with human dignity becomes illusory in

the absence of humane and healthy environment. In Chameli Singh

Vs. State of U.P. MANU/SC/0286/1996 : (1996) 2 SCC 549, it

was held that in any organized society, right to live as a human

being is not ensured by meeting only the animal needs of man but

is secured only when he is assured of all facilities to develop

himself, including a decent environment/surroundings.

F. Because the Division Bench of the High Court of Bombay, in

Sunil Pandharinath Jadhav Vs. State of

Maharashtra MANU/MH/0537/2010 : MANU/MH/0537/2010,


Bar & Bench (www.barandbench.com)

dealing with the Bombay Provincial Municipal Corporation Act,

1949 and the Maharashtra Prevention

of Defacement of Property Act, 1995, held that display of any

poster/banner/hoarding which does not cohere with the

surrounding is bound to have bearing on the appearance or beauty,

in that case, of a public place, is an eyesore to the viewers, thereby

causing public nuisance (reference was made to Section 268 of

Indian Penal Code, 1860) and violates Fundamental Right under

Article 21 by robbing them of clean and beautiful environment and

surroundings free from any defacement. Directions were

accordingly issued for removal of all illegal

posters/banners/hoardings/boards. We may notice that under the

municipal laws of Delhi also, as discussed herein below,

unauthorized putting up of posters etc. is a public nuisance.

G. BECAUSE the Division Bench of the Hon’ble Delhi High Court in

W.P. (C) No. 6711/2013, Anil Bhatia and Ors.

Vs. Govt. of NCT of Delhi and Ors. MANU/DE/0427/2015 while

clearly deprecating the practice of defacing Private and Public

properties in the garb of campaigning for elections held with

clinching authorities that:

29. We cannot also be unmindful of the realities of today's life in

the city as Delhi, where residents are on short fuse and

altercations on issues, earlier treated as trivial, like parking,

traffic accidents, often turn fatal. The possibility of unregulated

political posters becoming a similar cause, cannot be ruled out.


Bar & Bench (www.barandbench.com)

The Supreme Court, as far back as in Ramji Lal Modi Vs. The

State of U.P. MANU/SC/0101/1957 : AIR 1957 SC 620 held that

if certain activity has a tendency to cause public disorder, a law

penalizing such activity cannot but be held to be a law imposing

reasonable restriction "in the interest of public order". Not only

so, the expression "decency" in Article 19(2) has in Dr. Ramesh

Yeshwant Prabhoo Vs. Prabhakar Kashinath

Kunte MANU/SC/0982/1996: (1996) 1 SCC 130 been held to

indicate that the action must be in conformity with current

standards of behaviour and propriety. If the act of putting up

posters, on own property but in view of others, is

a public nuisance, it will be an indecent act. Thus, the subject

law can be classified also under the said head of Article 19(2).

30. There can be no manner of doubt that putting up of such

political posters on one's own property, for selling to

neighbours/passersby one's own political party/ideology, does

indeed make the facade of a building an eyesore. Plastering of

facade walls even if of private properties and at the behest of the

owners with posters is indeed an ugly sight and infringes the

right to life of others who expect to see clean facade walls of

private properties abutting the public streets. Today, the view

from doors/windows of most houses is of the outer walls of other

houses. If such walls were to be permitted to be plastered with


Bar & Bench (www.barandbench.com)

posters, a man, even if he desires, will not be able to even in his

own house shut himself up with his own ideas.

H. Because the distasteful display of ugliness spread across the city at

public places like Metros, subways, flyovers, overbridges and so

on leads to a negative impact over the environment as also dealing

a body blow to the reputation and dignity of our country before the

foreign tourists inter alia leading to commercial losses in the teeth

of having an adverse fallouts upon our tourism revenues.

I. Because this unholy ritual of destruction of public and private

properties especially around the vicinity of University of delhi

happens consistently during this time of the year and the public at

large is forced to bear these illicit activities as if they are some

established norm. That the chutzpah of these DUSU candidates has

heightened with every passing year because of the non-

implementation of civic laws by the concerned authorities.

J. Because the soiling of walls becomes indeed an abhorrent sight

and infringes the right to life of other students and public at large

who expect to see clean walls of public properties viz. Metro

Station Walls, University College walls, Bus Stops

and Public streets.

K. Because disruption of the classrooms by the Prospective candidates

and the student outfits in the horrible shape painting even the

classrooms deals a striking body blow to the Right to life, liberty

and education of DU students.


Bar & Bench (www.barandbench.com)

L. Because the unwarranted and unassailable damage to the public

property engenders irreparable cost to the exchequer as well as

unnecessary added burden on the tax payer. More precisely, no city

or town can be allowed to become a jungle of

posters/banners/hoardings/advertisements, without regard to any

aesthetic sense or safety of the drivers of vehicles or of

convenience of the pedestrians.

M. Because it is the fundamental duty of the petitioner as a

responsible citizen to: Protect and improve the natural environment

and culture including to safeguard public property in the context of

article 51A (g) & (i) of the Constitution. That the educated students

who shall lay strong footing towards the future of our country

should have the cherished norms of the constitution of our country

deeply embedded in them. Sadly, the student political

organisations and their representatives are brazenly flouting the

fundamental duties entrusted on them by the Constitution of India.

Essentially, the Hon’ble Court must enforce the spirit of those

duties as the incessant violations shall have far reaching

implications to the growth and development of our nation.

N. Because the brazen acts of lawlessness unfurled by the prospective

candidates and the student political organizations frescoes a sad

commentary on our education system which leads to a conspicuous

sight of diminishing value of ethics and principles. Precisely,

illegalities committed at the ground level of both politics and

education system casts a great deal of discouragement and despair


Bar & Bench (www.barandbench.com)

to the existing as well as prospective students as to the incoherent

environment provided to them almost to the point of it becoming a

jungle of posters and banners in the confines of educational which

is deemed to be inherently laying at the heart of careers and future

endeavours of the students. The aggravated illegal and destructive

activities by the DUSU candidates at the present humongous rate

and scale which if left unchecked will cause further disruption to

the tranquility and cleanliness of our city.

13. That the petitioner has not filed any other petition seeking relief

similar to as is prayed for in the present petitioner. No other equally

efficacious remedy, other than preferring the present petition, is available

to the petitioner.

PRAYER

In the aforesaid premise, it is most respectfully and humbly prayed that

this Hon’ble Court may graciously be pleased to:

a) Issue directions in the nature of writ of mandamus to Respondent

3and 4 to refurbish and prevent further defacement and destruction

of properties committed by the DUSU Political outfits and aspiring

Candidates 2017 including imposition of a heavy fines from the

expenses incurred in order to undertake the restoration; and

b) Direct Respondent 3and 4 to impose a complete ban on the

defacement and soiling of properties by the use of spray paints,


Bar & Bench (www.barandbench.com)

posters, banners, hoardings, etc both pre and post elections

causing defacement encompassing congratulatory messages by the

winning candidates with prospective orders along with penal

measures; and

c) Pass any other order(s) as this Hon’ble Court may deem fit and

proper in the facts and circumstances of the present petition.

PETITIONER IN PERSON

DATED:
NEW DELHI
THROUGH
PRASHANT MANCHANDA (ADVOCATE)
OFFICE:- 123, RG COMPLEX-II,
PRASHANT VIHAR, DELHI-85
MOB: 9971879203
Bar & Bench (www.barandbench.com)

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI


Extraordinary Original Civil Jurisdiction

WRIT PETITION (CIVIL) NO._________ OF 2017

IN THE MATTER OF:-

PRASHANT MANCHANDA ...PETITIONER

VERSUS

UNION OF INDIA & ORS. ...RESPONDENTS

AFFIDAVIT

I, Prashant Manchanda, aged 34 years, s/o Late Davinder Manchanda, r/o

C-23F, Vijeta Vihar, Sec 13, Rohini, Delhi-110085 do hereby solemnly

affirm and declare as under:

1. That I am the petitioner above named in the present petition and as

such am well aware of the facts and circumstances of the present

case, thus, competent to swear this affidavit.

2. I have filed the present petition as a Public Interest Litigation.

3. I have gone through the Delhi High Court (Public Interest

Litigation) Rules, 2010 and do hereby affirm that the present

Public Interest Litigation is in conformity thereof.

4. I/petitioner have no personal interest in the litigation and neither

myself nor anybody in whom I am/petitioner is entrusted would in

any manner benefit from the relief sought in the present litigation

save as a member of general public. This petition is not guided by

self gain or gain of any person, institution, body and there is no

motive other than of Public Interest in filing this petition.


Bar & Bench (www.barandbench.com)

5. I have done whatsoever enquiry/investigation which was in my

power to do, to collect all data/material which was available and

which was relevant for this court to entertain the present petition. I

further confirm that I have not concealed in the present petition

any data/material/information which may have enabled this court

to form an opinion whether to entertain this petition or not and/or

whether to grant any relief or not.

DEPONENT
VERIFICATION:
Verified at New Delhi on this ___ day of ________ 2017 that the
contents of the above affidavit are true and correct to the best of my
knowledge and belief and nothing material has been concealed there
from.
DEPONENT
Bar & Bench (www.barandbench.com)

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI


Extraordinary Original Civil Jurisdiction

WRIT PETITION (CIVIL) NO._________ OF 2017

IN THE MATTER OF:-

PRASHANT MANCHANDA ...PETITIONER

VERSUS

UNION OF INDIA & ORS. ...RESPONDENTS

APPLICATION ON BEHALF OF THE APPLICANT UNDER


SECTION 151 C.P.C. FOR EXEMPTION
MOST RESPECTFULLY SHOWETH:
1. The petitioner has preferred the accompanying writ petition under
article 226 of the Constitution of India and facts are not being narrated
herein for the sake of brevity and the same may be treated as part and
parcel of the present application.
2. That the petitioner is filing the accompanying petition in great
urgency and has annexed the photocopy of the Annexures P-1 to P-3
including the photos and news paper articles. In the circumstances, the
petitioner is unable to file the certified/true copies of the same.
PRAYER
It is, therefore, prayed that this Hon’ble Court may graciously be pleased
to grant exemption to the petitioner from filing certified copies of the
Annexures P-1 to P-3 to the accompanying petition including the orders.

DATED: PETITIONER IN PERSON


NEW DELHI
THROUGH
PRASHANT MANCHANDA (ADVOCATE)
OFFICE:- 123, RG COMPLEX-II,
PRASHANT VIHAR, DELHI-85
MOB: 9971879203
Bar & Bench (www.barandbench.com)

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI


Extraordinary Original Civil Jurisdiction

WRIT PETITION (CIVIL) NO._________ OF 2017

IN THE MATTER OF:-

PRASHANT MANCHANDA ...PETITIONER

VERSUS

UNION OF INDIA & ORS. ...RESPONDENTS


AFFIDAVIT
I, Prashant Manchanda, aged 34 years, s/o Late Davinder Manchanda, r/o

C-23F, Vijeta Vihar, Sec 13, Rohini, Delhi-110085 do hereby solemnly

affirm and declare as under:

6. That I am the petitioner above named in the present petition and as

such am well aware of the facts and circumstances of the present

case, thus, competent to swear this affidavit.

7. I have filed the present petition as a Public Interest Litigation.

8. I have gone through the Delhi High Court (Public Interest

Litigation) Rules, 2010 and do hereby affirm that the present

Public Interest Litigation is in conformity thereof.

9. I/petitioner have no personal interest in the litigation and neither

myself nor anybody in whom I am/petitioner is entrusted would in

any manner benefit from the relief sought in the present litigation

save as a member of general public. This petition is not guided by

self gain or gain of any person, institution, body and there is no

motive other than of Public Interest in filing this petition.


Bar & Bench (www.barandbench.com)

10.I have done whatsoever enquiry/investigation which was in my

power to do, to collect all data/material which was available and

which was relevant for this court to entertain the present petition. I

further confirm that I have not concealed in the present petition

any data/material/information which may have enabled this court

to form an opinion whether to entertain this petition or not and/or

whether to grant any relief or not.

2. That the accompanying application has been drafted by me. I have

carefully gone through the contents of the same and certify them to be

true and correct to the best of my knowledge and belief and that nothing

material has been concealed there from.

3. That the documents annexed, from Annexure P-1 to P-3, to the

accompanying petition are true copies/typed copies of their respective

originals.

DEPONENT

VERIFICATION:
Verified at New Delhi on this ___ day of ______ 2017 that the contents
of the above affidavit are true and correct to the best of my knowledge
and belief and nothing material has been concealed there from.

DEPONENT
Bar & Bench (www.barandbench.com)

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI


Extraordinary Original Civil Jurisdiction

WRIT PETITION (CIVIL) NO._________ OF 2017

IN THE MATTER OF:-

PRASHANT MANCHANDA ...PETITIONER

VERSUS

UNION OF INDIA & ORS. ...RESPONDENTS

CERTIFICATE OF NON FILING

That the Petitioner has not filed any similar petition before any Court

within the territory of India having Jurisdiction. May it be categorically

submitted that before this petition the petitioner has not filed any petition

before the Hon’ble Delhi High Court or the Hon’ble Supreme Court of

India.

DATED: PETITIONER IN PERSON


NEW DELHI
THROUGH
PRASHANT MANCHANDA (ADVOCATE)
OFFICE:- 123, RG COMPLEX-II,
PRASHANT VIHAR, DELHI-85
MOB: 9971879203
Bar & Bench (www.barandbench.com)

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI


Extraordinary Original Civil Jurisdiction

WRIT PETITION (CIVIL) NO._________ OF 2017

IN THE MATTER OF:-

PRASHANT MANCHANDA ...PETITIONER

VERSUS

UNION OF INDIA & ORS. ...RESPONDENTS

CERTIFICATE

That the Petitioner certifies that he has supplied identical and coloured

copies/photocopies of the photographs relied upon to the opposite side by

way of advance notice.

DATED: PETITIONER IN PERSON


NEW DELHI

THROUGH

PRASHANT MANCHANDA (ADVOCATE)


OFFICE:- 123, RG COMPLEX-II,
PRASHANT VIHAR, DELHI-85
MOB: 9971879203

You might also like