SHAIKH SHAHRUKH Vs. YOUTH CONGRESS ELECTION AUTHORITY

JUDGEMENT

(1.) The petitioner has filed this petition under Article 226 of the Constitution of India for quashment of the result of election dtd. 18/12/2020 (Annexure P/3) for the post of President, Indian Youth Congress, Umariya being illegal and invalid.

(2.) The petitioner has submitted that he is a member of Indian Youth Congress, District Umariya which is National Political Party registered by the Election Commission of India under Sec. 29A of the Representation of Peoples Act, 1951. The petitioner is an active member of 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. He has stated that the respondents No.1 and 2 have failed to comply with the guidelines which are prescribed by the Election Commission in exercise of power conferred under Article 324 of the Constitution of India and hence, the writ petition is maintainable and this 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.

(3.) This Court is not inclined to entertain the present writ petition as 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. Same view has been taken by different High Courts in the matters of M.Baga Reddy Vs. Sonia Gandhi, 2001 SCC Online A.P. 414. J.Jayachandran Vs. Election Commissioner of India, 2021 SCC Online Mad 6343. Hillari Zacharia Vs. Chief Election Commissioner, 2019 SCC Online Ker 2950.