Dispute Case No. 1 of 1999 - Application filed by Shri H.D. Deve Gowda
have filed individual affidavits from the members of the party in the dissolved
12th Lok Sabha, Rajya Sabha and several State Legislatures. These affidavits
have been supplemented with a very large number of affidavits from various
persons who claim to be members or office-bearers of one or the other body,
board or committee in the organisational hierarchy of the party. The process
of filing additional documentary evidence and the written submissions
containing their claims and counter claims has continued till the evening of
6th August, 1999. In these written submissions, both the rival groups have,
apart from reiterating their claims of majority, again reiterated their
contentions and counter contentions with regard to the observance or breach
of the provisions of the party constitution, and have attempted to justify the
expulsions and counter expulsions of important leaders and functionaries
of the party, from the offices held by them in the organisational wing of the
party, including the President of the party.
14.
Our anxiety to dispose of the matter as expeditiously as
possible, in view of the fast approaching general elections to the House of
the People and to the Legislative Assemblies of Andhra Pradesh, Arunachal
Pradesh, Karnataka, Maharashtra and Sikkim, hardly needs to be stated.
The first notification by the President in terms of Section 14 of the
Representation of the People Act, 1951, starting the electoral process in as
many as ten States and six Union Territories is due to issue only four days
hence, i.e. on 11th August, 1999. In the short time available, after the parties
have filed their pleadings and documentary evidence, we have perused and
examined these voluminous records. This has been a disturbing experience.
On our record, there are affidavits from a large number of individuals who
seem to have pledged their support to both the groups. Serious allegations
have been made with regard to the veracity of these affidavits, not by one
but by both the groups. No firm view can be formed on the basis of such
disputed affidavits and controversial evidence, as the allegations, if
established, may have far-reaching bearing on the value or weight that might
be attached to the plethora of other affidavits brought on record by the parties.
A further probe is, therefore, necessary before coming to any decisive finding.
Whatever undisputed evidence remains on record shows that the party has
split vertically and both the groups are more or less evenly poised. On the
basis of such evidence, it cannot be straightaway said that one or the other
group enjoys such overwhelming majority in the organisational and
legislature wings of the party, that it may be recognised as ‘the Janata Dal’.
15.
Another significant point to be taken note of is that there are
a large number of office bearers of the party, at various levels, relevant to
the determination of the dispute, whose present position is not known, as
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