A city court has declined an AAP leader's plea seeking restraining order on a BJP candidate who won a South Delhi ward in the recent MCD polls from taking oath as a councillor, saying there was no prima facie case against her victory. The order came on the plea of AAP's candidate Pinky Tyagi who had contested the MCD elections from ward 70-S in Chhattarpur and lost by two votes to BJP's Anita Tawar. District and Sessions Judge Asha Menon said, “It is clear as of now that the petitioner (Tyagi) is not the successful candidate. The margin may be two votes but nevertheless, she has been defeated. The respondent (Tawar) is the successful candidate and is entitled to take oath.” “The questions relating to multiplicity in voter list and casting of votes through postal ballots are matters that require enquiry. Such enquiry will take time. It is clear that Tyagi has failed to disclose a prima facie case as all the issues require further inquiry,” the judge said. The court, however, said that taking of oath would not cause any irreparable loss and injury to the AAP candidate and she would have full opportunity to establish her case. The matter will be heard on May 31.