Mohd Arfin & Anr. vs Municipal Corporation Of Delhi

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
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Date of Decision: 21 July, 2026
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Uploaded on: 23 July, 2026
+ W.P.(C) 9829/2026 & CM APPLs.45827/2026, 45828/2026
MOHD ARFIN & ANR. .....Petitioners
Through: Ms. Anupradha Singh, Adv. (M:
8448503772)
versus
MUNICIPAL CORPORATION OF DELHI .....Respondent
Through: Ms. Arti Bansal, ASC, MCD with Ms.
Shruti Goel, Adv. (M: 9999442349)
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE VIKAS MAHAJAN
Prathiba M. Singh, J. (Oral)
1 . This hearing has been done through hybrid mode.
CM APPL.45828/2026 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of.
W.P.(C) 9829/2026 & CM APPL.45827/2026
3. The present petition has been filed by two Petitioners i.e. Mohd. Arfin
and Mr. Subodh Bind, challenging the decision of the Municipal Corporation
of Delhi (hereinafter, ‘MCD’) of including them in general category
candidates in the elections for constitution of Town Vending Committee
( TVC ).
4. The case of the Petitioners is that the Petitioner No.1 – Mohd. Arfin
belongs to Other Backward Class (OBC) category in Uttar Pradesh and Mr.
Subodh Bind belongs to Extremely Backward Class (EBC) category in Bihar,
which is equivalent to OBC category in Delhi.
5. Submission of ld. Counsel for the Petitioners is that the guidelines
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W.P.(C) 9829/2026 Page of
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By:RAHUL
Signing Date:23.07.2026
17:44:19

published by the MCD for election of the members of Town Vending
Committee (hereinafter, ‘TVC’) does not state that the candidates have to be
OBC in the State of Delhi. Reliance is placed upon the guideline 13(2) of
Municipal Corporation of Delhi (Election of the Members of Town Vending
Committee from amongst the street vendors) Guidelines, 2026, which reads
as under:
“13. Presentation of nomination paper and
requirements for a valid nomination:-
…..
(2) Where any seat is reserved, a candidate shall not be
deemed to be qualified to be chosen to fill that seat
unless her nomination paper contains a declaration
made by him specifying the particular Schedule Caste,
Schedule Tribes, Other Backward Class, Handicapped
& Minority of which he is a member.”
6. Ld. Counsel for the Petitioners thus submits that if both the Petitioners
are moved to the general category, despite holding OBC & EBC Certificate,
respectively, this would severely prejudice the prospect of getting them
elected.
7. On behalf of the Respondent– MCD Ms. Bansal, ld. Counsel submits
that the MCD is a local body in Delhi and the certificate of OBC of the
respective candidates ought to be issued by Delhi Authorities.
8. The Court has considered the matter.
9. Elections of TVC are extremely crucial and have, in fact, also been
monitored by this Court in W.P. (C) 2243/2022 titled Sumit Verma v.
GNCTD & Ors. and other connected matters, where the Court also took on
record the timeline provided by the MCD for completion of the election of
TVCs.
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By:RAHUL
Signing Date:23.07.2026
17:44:19

10. The Supreme Court has also passed necessary directions with respect
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to the election of TVCs, as is clear from the order dated 6 April, 2026 passed
in SLP(C) Nos. 26311-26312/2019 titled Saptahik Merchant Welfare
Association (Registered) v. North Delhi Municipal Corporation & Ors.,
which reads as under:
“2. We direct reconstitution of the Town Vending
Committee as envisaged in the Street Vendors
(Protection of Livelihood and Regulation of Street
Vending) Act, 2014 by the competent authority as per
terms of the aforesaid enactment, within a period of two
months from date of service of a copy of this order….
3. Once the TVC is re-constituted, decision to identify
the vendors and to relocate them shall be taken at the
earliest but not later than six months from the date of
reconstitution thereof.”
11. The entire process of issuance of certificates of vending to persons
vending in Delhi is presently awaiting constitution of the TVC. Process for
elections has already started and there is a proper schedule, which has been
published by the MCD, as under:
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W.P.(C) 9829/2026 Page of
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By:RAHUL
Signing Date:23.07.2026
17:44:19

12. Under these circumstances, this Court is not inclined to interdict and
create any interference in the said elections.
13. After conclusion of elections, the Petitioners are free to avail of their
remedies in accordance with law.
14. The petition, along with pending application, is disposed of in the above
terms.
PRATHIBA M. SINGH
JUDGE
VIKAS MAHAJAN
JUDGE
JULY 21, 2026/ dk/ss
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W.P.(C) 9829/2026 Page of
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:23.07.2026
17:44:19