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ELECTION COMMISSION OF INDIA CORAM : Hon’ble Sh. G.V.G. Krishnamurty Election Commissioner Hon’ble Dr. M.S. Gill Chief Election Commissioner Hon’ble Sh. J.M. Lyngdoh Election Commissioner In re: Dispute Case No. 1 of 1999 - Application filed by Shri H.D. Deve Gowda under paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968, seeking a declaration allotting the symbol “Chakra (Wheel)” to the group of Janata Dal led by Shri Deve Gowda. Dated: 7th August, 1999 PRESENT : For Deve Gowda Group: 1. Sh. R.K. Anand, Senior Advocate 2. Sh. Lavkesh Sawhney, Advocate 3. Sh. Bhagwan, Advocate 4. Sh. Madhu Dandavate 5. Sh. S.R. Bommai 6. Sh. K. Yadav Reddy 7. Sh. Bapu Kaldate 8. Ms. Shivani Lal For Sharad Yadav Group: 1. Sh. G.L. Sanghi, Senior Advocate 2. Sh. Dhruv Kumar Dohani, Advocate 3. Sh. Sharad Yadav 4. Sh. Ram Bilas Paswan 5. Ms. Kamala Sinha 6. Sh. Ramesh Chandra 7. Sh. K. Balasubramaniam Election Symbols (Reservation and Allotment) Order, 1968 - para 15 split in a party - pending determination of dispute, interim arrangement made to give adhoc recognition to both rival groups in view of imminent general elections - both groups to share facilities of free time on TV/AIR, etc., on 50:50 basis. 329

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In Re Dispute Case No. 1 of 1999

Judgment

Question Presented: Whether two rival groups within the same political party may utilize the same political symbol on the eve of elections.

Alleged Acts: The National Party of India, Janta Dal, reserves the right to use the “Chakra” as an election symbol. The President of the Party was Sh. Sharad Yadav, but Sh.H.D. Deve Gowda filed an application to have the symbol used by him as the President of group of the National Party. This request included a claim that Sh. Sharad Yadav was removed as the President for joining together political parties and his anti-parties activities and that Sh.H.D. Deve Gowda was appointed in his place.

Summary: The defendant, Sh. Sharad Yadav, argued that the Political Affairs Committee lacked the ability to remove him as the President of the party. Due to the shifting political alliances and strengths, the Election Commission gave ad-hoc recognition to both parties as to protect their political rights in the upcoming election. The two rival groups were to share the resources of the party and during the next election, each group received a different symbol.

Legal Issue(s)

Candidate Registration
Party Registration

Region: Asia-Pacific

Country: India

Language of Decision

Arabic
English

Court: Electoral Court

Election Type: Parliamentary

Date of decision: Aug 7, 1999

Geolocation

Latitude: 28.78511017

Longitude: 77.33957631

: Geolocation

Primary Documents

In Re Dispute Case No. 1 of 1999.pdf
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