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 330

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