APNA DAL Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by a registered political party petitioner no.1 Apna Dal and petitioner no.2 Smt. Krishna Patel alleging herself to be duly elected party president of the said political party, for quashing the letters of the Election Commission of India being Annexure Nos. 9, 14, 17 & 18 whereby the said commission had directed the petitioner no.2 to resolve the issue regarding party president-ship being an internal dispute of the party as there is no approved list of office bearers of the party as per the record of the commission.

(2.) Upon demise of Shri Sone Lal Patel on 17.10.2009 a resolution was adopted in a meeting held by the National as also the State Office Bearers of the party on 18.10.2009 by which petitioner no.2 was elected as National President of the party who continued to function as such and information accordingly was sent to the Secretary, Election Commission of India vide letter dated 20.10.2014.

(3.) Thereafter, opposite party no.2 Ms. Anupriya Patel sent a letter dated 04.02.2015 to the Election Commission of India intimating that she has been elected as National President of the party in a subsequent meeting of National Executive Committee held on 20.10.2014 and this has led to the present controversy.