Court cannot order congress to conduct internal elections: Kerala HC

KOCHI: A court cannot order Congress to conduct its internal elections, the

Kerala high court

has held.

The ruling by a single bench of the court was after considering a petition filed by Anil Thomas, vice president of

District Congress Committee

at Pathanamthitta. He had sought a court directive to Indian National Congress’ general secretary in charge of ‘Kerala Pradesh’ to conduct proper elections to the party. The leaders are trying to share posts among different factions through consensus, it was alleged.

While declining to issue a directive to conduct internal elections in tune with the party’s constitution and guidelines for organizational election, the court said, “These are internal measures applicable to the association and its members, which does not fall under the ambit of a public duty. The grounds raised by the petitioner also speak of the

organizational elections

, if not conducted in accordance with the constitution and the guidelines making the inner party democracy a casualty. The right of the party members, including the petitioner, to exercise their choice would be denied is the further ground. These are all private rights arising as a member of the political party, which could be raised within its organizational structure or before the appropriate civil forum.”

Election Commission had informed the court that it only ensures that political parties report to it about holding elections at prescribed intervals and submit the list of elected office bearers. Monitoring of the elections is only to the extent that they are conducted in time as mentioned in the byelaws of the party constitution. Congress has been directed to submit the complete list of office bearers by 1st week of January and no action is called for at present, Election Commission submitted.

Agreeing with the Election Commission, the court said in the judgment, “This Court has to respectfully bow to the dictum laid down in Indian National Congress (I); that the Commission could take no action to deregister a political party. The Commission cannot also regulate the inner party functioning. A writ, hence, would be futile and this Court would shun such exercise. The petitioner’s right if at all arises from his membership and merely because, when in power the executive comprised of the elected representatives, constitute the Government, the status of the party in power does not change. It is a collective, an association, striving to serve the public and the nation, without any obligation enjoined, whether in power or otherwise; ideally!”

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