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Conduct Of Internal Elections Of A Political Party Not Controlled By ECI's Guidelines Framed Under Article 324: MP High Court

Sparsh Upadhyay
28 Feb 2022 12:06 PM GMT
Conduct Of Internal Elections Of A Political Party Not Controlled By ECIs Guidelines Framed Under Article 324: MP High Court
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The Madhya Pradesh High Court has recently observed that the conduct of internal elections of any political party cannot be adjudged on the basis of guidelines framed by the Election Commission of India under Article 324 of the constitution.The bench of Justice Purushaindra Kumar Kaurav further clarified that the Election Commission of India, under Article 324 of the Constitution, does not...

The Madhya Pradesh High Court has recently observed that the conduct of internal elections of any political party cannot be adjudged on the basis of guidelines framed by the Election Commission of India under Article 324 of the constitution.

The bench of Justice Purushaindra Kumar Kaurav further clarified that the Election Commission of India, under Article 324 of the Constitution, does not frame any guideline for the conduct of organizational election of any political party.

Essentially, the Bench was dealing with a plea filed by one Shaikh Shahrukh for quashment of the result of the election for the post of President, Indian Youth Congress, Umariya being illegal and invalid.

It was the submission of his counsel that he is a member of the Indian Youth Congress and is having all the rights to vote for the organizational election in the district in accordance with the guidelines of the Indian Youth Congress Election Authority.

It was further stated that respondents No.1 [Youth Congress Election Authority] and 2 [PLO, Youth Congress Election Authority] failed to comply with the guidelines which are prescribed by the Election Commission, India in the exercise of power conferred under Article 324 of the Constitution of India.

Hence, it was contended that the court should exercise power under Article 226 of the constitution to ensure that such a guideline is strictly followed and any election in violation of such a guideline should be set aside.

At the outset, the Court said that the Indian National Congress, against whom a writ is sought, is not a State within the meaning of Article 12 of the Constitution and as such no writ petition is maintainable.

So far as the submission of the petitioner with regard to framing of the guideline by the Election Commission of India under Article 324 of the Constitution was concerned, the Court observed thus:

"...The said argument does not have any substance as the Election Commission of India under Article 324 of the Constitution does not frame any guideline for the conduct of organizational election of any political party. Article 324 of the Constitution only vests the power to the Election Commission of India for superintendence, direction and control of the preparation of the electoral roles for, and the conduct of, all elections to the parliament and to the legislatures of every State and of the elections to the offices of President and Vice President held under the Constitution of India. Thus, the conduct of internal elections of any political party cannot be adjudged on the basis of guidelines framed by the Election Commission of India under Article 324 of the constitution."

In view of this, the petition was dismissed by the Court.

Case title - Shaikh Shahrukh v. Youth Congress Election Authority and others

Case Citation: 2022 LiveLaw (MP) 49

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