Point of Law: instant writ petition does not satisfy the requirements of a public interest writ petition, there is suppression of facts, filing false affidavit, abuse of process of law, and thus, it is a frivolous writ petition, to be dismissed with appropriate costs.

JUDGMENT :

S.MANIKUMAR, J.

Mr. Hillari Zacharia, first petitioner in this writ petition, has claimed to be a dedicated member of the All India Congress Committee (AICC)/3rd respondent. LAW AID, Office of Law Link, Ganga Complex, Kollam, represented by its Secretary, Mr. Hillari Zacharia, second petitioner, is stated to be a society registered under Travancore Cochin Charitable and Endowment Societies Act, 1955, as No.424/1985.

2. Petitioners have approached this Court for a direction to the 1st respondent/Election Commission of India, to give a direction to respondents, to conduct election from booth level to the level of AICC setting a time frame. Petitioners have claimed that the direction to be given by this Court should be statutory, which prayer requires to be considered in the light of the statute, if any, warranting the Election Commission to conduct election.

3. Another relief sought for is a direction to the respondents to conduct elections to the varied posts in the third respondent/All India Congress Committee (AICC) from its lowest level of booth onwards.

4. Petitioners have also sought for a writ of prohibition restraining the respondents from filling up the post of AICC President and from reshuffling the Kerala Pradesh Congress Committee with nominated hands, without conducting elections from the lowest level of booth onwards.

5. Petitioners have referred to the filing of two writ petitions, for similar reliefs, i.e., W.P.(C)Nos.32519 of 2017 and 39436 of 2017.

6. A detailed statement has been filed on behalf of the Chief Election Commissioner/first respondent stating that the writ petition is not maintainable. It is stated therein that political parties are not amenable to the jurisdiction of this Court under Article 226 of the Constitution of India.

7. A writ petition to conduct internal election, within a political party, is not maintainable. The grievance, if any, regarding the same can be raised within the organizational structure or before the appropriate civil forum.

8. That apart, filing of another W.P.(C) No.24466 of 2019 and dismissal of the same on 18.09.2019, on the basis of a judgment of this Court in Anil Thomas v. Indian National Congress and Others reported in ILR 2018 (2) Kerala 36, has also been averred.

9. Relevant portions of the counter affidavit read as under:

“4. The question as to whether a Political Party registered under Section 29A of the Representation of People Act, 1951 is amenable to the Writ jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India came up for consideration before this Hon'ble Court in Anil Thomas v. Indian National Congress and others reported in (ILR 2018 (2) Kerala 36) and this Hon'ble Court has held that Writ Petition under Article 226 of the Constitution of India is not maintainable as against a Political Party, especially in the matter of regulation of their internal affairs. Further, relying on the dictum of the Hon'ble Supreme Court in Indian National Congress (I) v. Institute of Social Welfare and Others reported in (2002) 5 SCC 685, this Hon'ble Court has held that the Election Commission cannot also regulate the inner party functioning.

5. Further, the Hon'ble Madras High Court has in the Judgment dated 21-12-2018 in B.Ramkumar Adityan v. The Chief Election Commissioner and others held that the Political Parties even if it is registered under Section 29A of the Representation of People Act 1951 do not come under the jurisdiction of Article 226 of the Constitution of India and that no Writ Petition can lie concerning the internal affairs of the political party. Further, it is also held therein that neither Article 324 of the Constitution of India nor Section 29A of the Representation of the People Act, 1951, prescribe any duty cast upon the Election Commission to oversee the in-house function of any political party, and, if for any reason, the Election Commission is cast upon with such duty to monitor the in-house activity of any registered po