Purushaindra Kumar Kaurav, J
1. The petitioner has filed this petition under Article 226 of the Constitution of India for quashment of the result of election dated 18.12.2020
(Annexure P/3) for the post of President, Indian Youth Congress, Umariya being illegal and invalid.
2. The petitioner has submitted that he is a member of Indian Youth Congress, District Umariya which is National Political Party registered by the
Election Commission of India under Section 29A of the Representation of Peoples Act, 1951. The petitioner is an active member of Indian Youth
Congress and is having all the rights to vote for the organizational election in the district in accordance with the guidelines of the Indian Youth
Congress Election Authority. He has stated that the respondents No.1 and 2 have failed to comply with the guidelines which are prescribed by the
Election Commission in exercise of power conferred under Article 324 of the Constitution of India and hence, the writ petition is maintainable and this
court should exercise power under Article 226 of the constitution to ensure that such a guideline is strictly followed and any election in violation of
such a guideline should be set aside.
3. This Court is not inclined to entertain the present writ petition as Indian National Congress against whom a writ is sought is not a State within the
meaning of Article 12 of the Constitution and as such no writ petition is maintainable. Same view has been taken by different High Courts in the
matters of M.Baga Reddy Vs. Sonia Gandhi 2001 SCC Online A.P. 414 , J.Jayachandran Vs. Election Commissioner of India 2021 SCC Online Mad
6343, Hillari Zacharia Vs. Chief Election Commissioner 2019 SCC Online Ker 2950.
4. So far as the submission of the petitioner with regard to framing of the guideline by the Election Commission of India under Article 324 of the
Constitution, is concerned, the said argument does not have any substance as the Election Commission of India under Article 324 of the Constitution
does not frame any guideline for the conduct of organizational election of any political party. Article 324 of the Constitution only vests the power to the
Election Commission of India for superintendence, direction and control of the preparation of the electoral roles for, and the conduct of, all elections to
the parliament and to the legislatures of every State and of the elections to the offices of President and Vice President held under the Constitution of
India. Thus, the conduct of internal elections of any political party cannot be adjudged on the basis of guidelines framed by the Election Commission of
India under Article 324 of the constitution.
5. Hence, this petition does not have any substance and the same is hereby dismissed.