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2024 Supreme(Online)(Del) 32382

IN THE HIGH COURT OF DELHI AT NEW DELHI
PURUSHAINDRA KUMAR KAURAV, J
GOVIND YADAV – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Pathak Rakesh Kaushik| For the Respondents: Mr. Sidhant Kumar, Mr. Om Batra

JUDGMENT

The seminal questions which stand posed in the instant petition relate to the scope and extent of inquiry into the authenticity of the information concerning internal changes (office bearers etc.) in a political party, mandated to be furnished to the Election Commission of India (hereinafter referred to as “ECI”) under Section 29A (9) of the Representation of the People Act, 1951 (hereinafter referred to as “RP Act”) and justiciability of the disputes arising from internal elections for the selection of office bearers within registered political parties in India.

2. The facts of the case at hand are that the petitioner is an expelled member of Janata Dal United (hereinafter referred to as “JDU”), which is a recognized State political party under the provisions of the Election Symbols (Reservation and Allotment) Order, 1968 (hereinafter referred to as “Symbols Order”). In compliance with the provisions of Section 29A (9) of the RP Act, JDU is purported to have notified the ECI regarding amendments in its list of office bearers through a series of correspondences dated 10.11.2016, 13.11.2019, 18.02.2021, 03.08.2021 and 27.09.2021, among others.

3. The petitioner seeks directio

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