J.JAYACHANDRAN Vs. ELECTION COMMISSIONER OF INDIA

JUDGEMENT

(1.) The writ petition has been filed seeking a writ of mandamus to forbear the first respondent from according its approval for the newly elected posts of Coordinator and Joint Coordinator of All India Anna Dravida Munnetra Kazhagam (AIADMK) pursuant to the election notice dtd. 02/12/2021. An interim injunction is also sought to restrain the fifth and sixth respondents from announcing the election result for the posts of Coordinator and Joint Coordinator pursuant to the election notice, pending disposal of the writ petition.

(2.) Learned counsel submits that the petitioner is a loyal and sincere member of the second respondent political party for more than thirty years, who rendered dedicated service for upliftment of the people of the Tamil Nadu at large. The second respondent political party came into existence at the instance of M.G.Ramchandran and was approved by the first respondent in the name of All India Anna Dravida Munnetra Kazhagam (AIADMK) and allotted a symbol.

(3.) Learned counsel further submits that recently a resolution dtd. 01-02/12/2021 was flashed in the press/media relating to election to the posts of Coordinator and Joint Coordinator of AIADMK, from which it came to light that the rule relating to election of Coordinator and Joint Coordinator was amended by providing for direct election by primary members through a single ballot. The third and fourth respondents jointly announced the election notice on 02/12/2021, where the date of election to the posts of Coordinator and Joint Coordinator was mentioned to be on 07/12/2021 and, accordingly, the fifth and sixth respondents were appointed as Election Commissioners. As per the schedule given therein, the counting of votes and results are scheduled on 8.12.2021. The third and fourth respondents ignored the mandatory requirement of issuance of notice 21 days prior to the announcement of the elections and the attempt of the respondents was only to allow two nominations excluding others.