Dispute Case No. 1 of 1999 - Application filed by Shri H.D. Deve Gowda
SUMMARY OF THE CASE
The Janata Dal is a recognised National party and the symbol ‘’Chakra
(Wheel)” is reserved for it under the provisions of the Election Symbols
(Reservation and Allotment) Order, 1968. As per the records of the Election
Commission, Sh. Sharad Yadav was the President of the party. However,
on 22.7.1999, Sh. H.D.Deve Gowda filed an application before the
Commission under para 15 of the Symbols Order seeking a direction that
the party’s reserved symbol may be allotted to the group of the party
represented by him as the party president. His case was that Sh. Sharad
Yadav was removed from the post of party President on 21st July, 1999, by
the Political Affairs Committee, for his anti-party activities and for
announcing the joining of the Lok Shakti and Samata Party with the Janata
Dal and the joining of the Janata Dal with the National Democratic Alliance
led by the Bharatiya Janata Party. He further claimed that he had been
elected as party President in place of Sh. Sharad Yadav.
In view of the then imminence of general elections to the Lok Sabha
and certain State Legislative Assemblies, the Commission heard both the
rival groups on 3rd August, 1999. Each group refuted the claims and counterclaims of the other group and claimed the support of majority of the members
in the organisational and legislature wings of the party. It was also contended
on behalf of Sh. Sharad Yadav that the Political Affairs Committee had no
power under the party constitution to remove the elected president of the
party. The contending groups, however, did not furnish the agreed lists of
office-bearers of the party at various levels which would have enabled the
Election Commission to determine the relative strength of the two groups.
Further, affidavits were filed by both the groups of certain persons claiming
to be their office-bearers, which showed that they, like shifting sands, had
been changing their stands and loyalties from one group to the other. In
these circumstances, pending determination of the dispute case, the Election
Commission decided to give ad-hoc recognition as National party to both
the rival groups, so that their interests did not suffer at the then ensuing
general elections to the House of the People and State Legislative Assemblies.
The above ad-hoc recognition was given only for purposes of the above
mentioned general elections and it was made clear that for final
determination of the dispute, their poll performance at these general elections
would be relevant, as the same would truly reflect the choice of the electors,
who in democracy are the ultimate arbiters of the fate of political parties.
Furthermore, the Commission directed that the facilities which would
be available to the Janata Dal, as a recognised National party, like, free
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