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2021 Supreme(Mad) 88
IN THE HIGH COURT OF JUDICATURE AT MADRAS
ABDUL QUDDHOSE, J.
S. SuryaMoorthi – Appellant
Versus
The Union of India, Rep by the Chief Election Commissioner, Election Commission of India (ECI), Nirvachan Sadan, New Delhi & Others – Respondents
W.P.No. 13372 of 2020 & W.M.P.No. 16508 of 2020
Decided on : 18-01-2021
Advocate Appeared:
For the Appellant : In-person.
For the Respondents:Niranjan Rajagopal, Vijay Narayan, Advocate General.
The election of office bearers for a political party is an internal affair and not a public duty.
Headnote:
Election Commission of India - Intra-Party Affairs - Article 324, Article 325, Article 326, Article 327, Article 328, Article 329 - The Election Commission of India has no role in the internal affairs/functioning of a registered political party. The election of office bearers for a political party is an internal affair and not a public duty. Relief sought in the writ petition is not a public law remedy.
Fact of the Case:
The petitioner sought a writ of mandamus to direct an enquiry into the intra-party functioning of a political party and issue necessary guidelines based on the outcome of the enquiry.
Finding of the Court:
The court found that the Election Commission of India has no role in the internal affairs of a registered political party and that the relief sought in the writ petition is not a public law remedy.
Issues: Intra-party affairs of a registered political party, role of the Election Commission of India, public law remedy
Ratio Decidendi: The election of office bearers for a political party is an internal affair and not a public duty. Relief sought in the writ petition is not a public law remedy.
Final Decision: The writ petition was dismissed with no costs.
JUDGMENT :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a writ of mandamus to direct the 1st respondent herein to conduct an enquiry into the correctness or otherwise of the intra-party functioning of the All India Anna Dravida Munnetra Kazhagam (AIADMK) Party, having Party Headquarters at 101, Avvai Shanmugam Salai, Lakshmipuram, Rayapettai, Chennai-14, in accordance with its bye-law in so far as giving party postings to various members of the party by the 2nd and 3rd respondents herein ever since the demise of the Party-s supremo Dr.J.Jayalalithaa i.e. on 5.12.2016 and issue necessary guidelines to the Party depending upon the outcome of the said enquiry.)
Heard Mr.S.SuryaMoorthi, party-in-person, Mr.Niranjan Rajagopal, learned counsel for the first respondent and Mr.Vijay Narayan, learned Senior Counsel for the respondents 2 to 4.
2. The issue that arises for consideration in this writ petition involves intra party affairs of a registered political party namely All India Anna Dravida Munnetra Kazhagam.
3. The petitioner claims to be a primary member of All India Anna Dravida Munnetra Kazhagam. According to him, the All India Anna Dravida Munnetra Kazhagam party is now functioning in violation of its bye-laws.
4. It is also the contention of the petitioner that All India Anna Dravida Munnetra Kazhagam party is not holding election for the post of General Secretary in violation of the provisions of Article 324 - 329 of the Constitution of India and the Representation of the People Act, 1951.
5. In those alleged circumstances, the petitioner seeks for a mandamus to the first respondent to conduct an enquiry into the correctness or otherwise of intra-party functioning of All India Anna Dravida Munnetra Kazhagam (AIADMK Party) having party Headquarters at 101, Avvai Shanmugam Salai, Lakshmipuram, Royapettah, Chennai-14 in accordance with its bye-laws insofar as giving party postings to the various members of the party by the second and third respondents herein ever since the demise of the party-s supremo Dr.J.Jayalalithaa i.e. on 5.12.2016 and issue necessary guidelines to the party depending upon the outcome of the said enquiry.
6. The Election Commission of India/the first respondent herein was established in 1950. It is an autonomous constitutional body which oversees the conduct of free and fair elections in the country. It administers control on the election conducted for Rajya Sabha, Lok Sabha, State Legislative Councils, Assemblies as well as the President and the Vice-President.
7. The Election Commission has been entrusted with the aforementioned responsibilities under Article 324 and the Representation of the People Act, 1951.
8. The powers of the Election Commission are defined in the following articles of the Indian Constitution:
(a) Article 324: Superintendence, control and direction of National and State-Level elections are to be directly handled by the ECI.
(b) Article 325: Inclusion and exclusion of names in the electoral rolls are based on Indian Citizenship. No citizen of India above the voting age should be excluded from the rolls or included in a special electoral roll based on any criteria such as race, caste, religion or sex.
(c) Article 326: Defines universal adult franchise as the basis for elections to all levels of the elected Government.
(d) Article 327: Defines responsibilities of the ECI and parliament for the conduct of National elections.
(e) Article 328: Defines the role and responsibilities of the State Legislatures with respect to State-Level elections.
(f) Article 329: Prohibits Court interference in matters related to elections unless specifically asked to provide their views.
9. The powers of the Election Commission can be divided under three headings:
(i) Administrative Powers
(ii) Advisory Powers
(iii) Quasi-Judicial Powers
(i) Administrative Powers of the Election Commission:
(a) The Commission has been empowered to function in accordance to the Delimitation Com
