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2021 Supreme(Ker) 793

S.MANIKUMAR, SHAJI P.CHALY
Hillari Zacharia, S/o Late Zacharia – Appellant
Versus
Chief Election Commissioner Through Secretary, Election Commission Of India, Nirvachan Sadan, Ashoka Road, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: R.Sivadasan, Adv
For the Respondent: Shri.Deepu Lal Mohan, Sc, Sri.P.Vijayakumar, Adv. Asg

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 Pr

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