ANIL THOMAS Vs. INDIAN NATIONAL CONGRESS, REPRESENTED BY ITS GENER
LAWS(KER)-2017-12-175
HIGH COURT OF KERALA
Decided on December 06,2017

Anil Thomas Appellant
VERSUS
Indian National Congress, Represented By Its Gener Respondents

JUDGEMENT

K. Vinod Chandran, J. - (1.) The petitioner, under Article 226 of the Constitution of India, seeks intervention of this Court in the conduct of proper elections to the 1 st respondent political party, more specifically to the various committees in the hierarchy of the party as available under Exhibit P1.
(2.) Notice was issued on admission, since this Court wanted to hear the petitioner and the respondents first on the maintainability of the writ petition.
(3.) The petitioner is a member of the 1 st respondent, a National political party registered by the Election Commission of India under Section 29A of the Representation of the People Act, 1951 [for brevity "RP Act"]. The petitioner, to invoke the jurisdiction under Article 226, contends that the 1 st respondent is discharging public functions/duties that are fundamental to democracy and, hence, is amenable to writ jurisdiction under Article 226. The petitioner submits that the organizational hierarchy as per Exhibit P1 speaks of a 5-tier Committee; to all of which the office bearers are to be elected. The last elections were conducted in the year 2010 and the period of the elected committees have expired in the year 2015. The party had approached Election Commission with a request for postponing the elections and as of now the Election Commission has directed the elections to be conducted before 31.12.2017. A notification is said to have been issued, as seen from Exhibit P6 by the highest Committee in the hierarchy, the All India Congress Committee.;


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