Mohd Arfin & Anr. v. Municipal Corporation of Delhi

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 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:

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.

10. The Supreme Court has also passed necessary directions with respect to the election of TVCs, as is clear from the order dated 6th 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:

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:

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.