Court Refuses to Interdict Mid-Process Town Vending Committee Elections Despite Challenges to Nomination Rejections

The Petitioner, a street vendor belonging to the Ghewar community (recognized as OBC in Uttar Pradesh), filed a writ petition under Article 226 of the Constitution of India challenging the rejection of her nomination for the Town Vending Committee (TVC) elections in the South Zone, MCD

Her nomination under the OBC category was rejected by the Returning Officer on July 11, 2026

The Respondent (MCD) contended that the rejection was based on two grounds: first, the Ghewar caste is not recognized as an OBC in Delhi; and second, the nomination form lacked the signatures of a Proposer and Seconder

The Petitioner sought inclusion in the election or consideration under the General category

1. Whether the High Court should interdict or interfere with the ongoing election process of the Town Vending Committees (TVC) to address individual grievances regarding nomination rejections

2. Whether the Petitioner is entitled to reservation benefits in Delhi based on an OBC certificate issued by the State of Uttar Pradesh

The Court applied the principles governing election law, specifically that the judicial process should not interrupt or stall an election once the process has reached an advanced stage

It relied on its own recent precedent in Dharamveer & Ors. v. Municipal Corporation of Delhi & Ors. [W.P.(C) 9966/2026], which emphasizes that TVC elections are crucial for the constitution of statutory bodies under the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014

The Court also acted in furtherance of the Supreme Court’s time-bound directions in Saptahik Merchant Welfare Association (Registered) v. North Delhi Municipal Corporation & Ors. [SLP(C) Nos. 26311-26312/2019], which mandated the reconstitution of TVCs within a fixed period

The Court reasoned that the TVC elections are of "considerable significance" and have already faced substantial delays, causing issues for thousands of street vendors awaiting certificates of vending

Referring to the Dharamveer judgment, the Court noted that entertaining individual grievances at this stage—when polling is imminent and ballot papers are likely printed—would disrupt the entire election process, which is not feasible

Regarding the merits of the rejection, the Court noted the MCD's submission that the Petitioner’s caste is not on the Delhi OBC list and the form was procedurally deficient

the Court declined to adjudicate these merits immediately to prevent stalling the election, as per the Supreme Court's mandate for expedited reconstitution of the TVCs

The Court granted the Petitioner liberty to avail of legal remedies after the conclusion of the elections

the MCD was directed to formally communicate the specific reasons for the rejection of the nomination to the Petitioner within two weeks

The petition was disposed of accordingly