Dispute Case No. 1 of 1999 - Application filed by Shri H.D. Deve Gowda 4. Various press reports indicated that a dispute had arisen in the JD, resulting in the formation of two groups led by Shri H.D. Deve Gowda and Shri Sharad Yadav respectively. In view of the imminent general elections to Lok Sabha and certain State Legislative Assemblies, the Commission took cognizance of the matter under paragraph 15 of the Symbols Order and issued notice to the two groups asking them to file documentary proof to substantial their respective claims of support in the party, including individual affidavits from members of legislature and organisational wings of the party. 5. Considering the urgency involved, the Commission also thought it appropriate to hold an early hearing in the matter and fixed 3rd August, 1999 to hear the rival groups. 6. Shri Sharad Yadav filed his reply to the application of Shri Deve Gowda on 1st August, 1999. In the reply, Shri Yadav stated that the PAC found no mention in the party constitution. It was stated that the resolution passed on 6th and 7th of August, 1994 by the National Executive relating to setting up of PAC was never placed before the National Council for ratification, as required under the party constitution, and hence, the decision of the National Executive had no force now. He denied that the PAC enjoyed powers of the National Executive and contended that the PAC was not empowered to sit in judgement over the decision of the party President. Shri Yadav further contended that, in any event, a meeting of the PAC could be convened only by the party President and the meeting of 21.7.99 was convened without his knowledge and hence was illegal. Further, according to him, the PAC has no power to decide on organisational affairs. He stated that a meeting of the National Executive was held on 29.7.99 and was attended by 40 members of the National Executive. He also stated that his decision to join hands with the Lok Shakti and the Samata Party received wide support within the party, and no case had been made out to refuse the symbol ‘Chakra (Wheel)’ to the JD headed by him. He also submitted that Shri Deve Gowda and others violated the provisions of the party constitution and all democratic norms, and hence, in the present case, the test of majority alone was not relevant. 7. On 1st August, 1999, Shri Deve Gowda filed affidavits from members belonging to various organisational wings of the party and also from MPs, MLAs and MLCs supporting him. On 2nd August 1999, Shri Sharad Yadav also filed affidavits from various categories of members of the party. 8. At the hearing on 3rd August, 1999, Shri R..K. Anand, Senior 332