GOVIND YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) The seminal questions which stand posed in the instant petition relate to the scope and extent of inquiry into the authenticity of the information concerning internal changes (office bearers etc.) in a political party, mandated to be furnished to the Election Commission of India (hereinafter referred to as 'ECI') under Sec. 29A(9) of the Representation of the People Act, 1951 (hereinafter referred to as 'RP Act') and justiciability of the disputes arising from internal elections for the selection of office bearers within registered political parties in India.

(2.) The facts of the case at hand are that the petitioner is an expelled member of Janata Dal United (hereinafter referred to as 'JDU'), which is a recognized State political party under the provisions of the Election Symbols (Reservation and Allotment) Order, 1968 (hereinafter referred to as 'Symbols Order'). In compliance with the provisions of Sec. 29A(9) of the RP Act, JDU is purported to have notified the ECI regarding amendments in its list of office bearers through a series of correspondences dtd. 10/11/2016, 13/11/2019, 18/2/2021, 3/8/2021 and 27/9/2021, among others.

(3.) The petitioner seeks directions to annul these changes, incorporated in the record of the political parties maintained by the ECI, for being made in violation of Sec. 29(A)(9) of the RP Act. Additionally, the petitioner seeks a declaration from this Court that the internal party elections conducted by JDU in the years 2016, 2019, and 2022 were in breach of the party's constitution. The petitioner also seeks various other interconnected directions, all of which have a bearing on the principal issue at hand, as outlined hereinbefore.