Petitioners from Other States Challenging OBC Category Inclusion Must Seek Remedies Post-Election
In a significant ruling, the Delhi High Court has declined to interfere in the ongoing election process for the constitution of the Town Vending Committee (TVC) by the Municipal Corporation of Delhi (MCD). The bench, comprising Justices Prathiba M. Singh and Vikas Mahajan, heard a petition filed by Mohd Arfin and Subodh Bind, both of whom belong to the Other Backward Class (OBC) and Extremely Backward Class (EBC) categories from Uttar Pradesh and Bihar, respectively. They challenged their inclusion in the general category for the elections, despite holding OBC/EBC certificates from their respective states.
The petitioners argued that the election guidelines do not mandate that candidates must belong to the OBC category specific to Delhi. They contended that their reclassification into the general category could adversely affect their election prospects.
However, the MCD, represented by counsel Ms. Arti Bansal, maintained that the OBC certificate should be issued by Delhi authorities as the MCD functions within the state. The court, while acknowledging the importance of the TVC elections and the guidelines under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, stated that it would not intervene in the election process at this stage.
The court noted the existing schedule for the election process, with nominations having commenced on July 3, 2026, and polling scheduled for August 2, 2026. Emphasizing the need for the elections to proceed smoothly, the court allowed the petitioners the liberty to pursue appropriate legal remedies post-election if necessary.
This decision underscores the court's stance to uphold the election process's integrity while allowing petitioners to seek justice through alternative legal channels after the electoral outcomes.
Bottom line:-
Municipal Corporation of Delhi - Guidelines for election of members of Town Vending Committee do not specifically require candidates to belong to OBC category of Delhi - Petitioners challenging inclusion in general category despite holding OBC/EBC certificates from other states - Court declines to interfere in election process but allows Petitioners to avail remedies post-election.
Statutory provision(s): Municipal Corporation of Delhi (Election of Members of Town Vending Committee) Guidelines, 2026, Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
Mohd Arfin v. Municipal Corporation of Delhi, (Delhi)(DB) : Law Finder Doc id # 2949300
