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Showing contexts for: BOOTH CAPTURING in J.Jayachandran vs The Election Commissioner Of India on 2 December, 2021Matching Fragments
13. In the case of All India Anna Dravida Munnetra Kazhagam v. State Election Commissioner (supra), the writ petition was not filed to challenge the internal elections of a political party, but the elections to the local bodies. The allegation therein was of mass booth-capturing and rigging. Therefore, this court took cognizance of the aforesaid to maintain the writ petition seeking free and fair elections to the local bodies in reference to Article 243 of the Constitution. In the instant case, the election is not to local bodies, Assembly or Parliament, but internal elections of the political party. ____________ https://www.mhc.tn.gov.in/judis It is not governed by any of the provisions of the Constitution or even the provisions of the Act of 1951 so as to direct the Election Commission not to approve or recognise the internal elections of the party. Moreover, we have already held that the Election Commission of India has no authority to look into the internal elections of a political party. In view of the above, the judgment in the case of All India Anna Dravida Munnetra Kazhagam v. State Election Commissioner (supra) would have no application as a direction therein in the concluding paragraph was in reference to the elections to local bodies and not a private body.