Dispute Case No. 1 of 1999 - Application filed by Shri H.D. Deve Gowda
time on Doordarshan and All India Radio for their telecasts / broadcasts
and free copies of electoral rolls, etc., would be shared by the two groups
equally on 50:50 basis.
Note: By subsequent order dated 07.08.1999, the Election Commission
recognised the group led by Sh. Sharad Yadav by the name of Janata Dal
(United) and reserved the symbol ‘Arrow’ for that group. The group led by
Sh. H.D.Deve Gowda was recognised under the name of Janata Dal (Secular)
and the symbol ‘’Farmer Driving Tractor’ was reserved for that group.
ORDER
This is an application filed, before the Election Commission of India, by
Shri Deve Gowda under paragraph 15 of the Election Symbols (Reservation
and Allotment) Order, 1968 (‘Symbols Order’ for short), seeking a direction
allotting the symbol ‘Chakra (Wheel)’ to the Janata Dal claimed to be headed
by him.
2.
The Janata Dal (‘JD’ for short) is a recognised National party
with the symbol ‘Chakra (Wheel)’ reserved for it. As per the Commission’s
records, Shri Sharad Yadav is the President of the party.
3.
On 22.7.99, Shri Deve Gowda filed an application under
paragraph 15 of the Symbols Order seeking a direction that the symbol
‘Chakra (Wheel)’, reserved for JD may be allotted to the group of the JD
represented by him as the President. Shri Gowda stated, in his application,
that Shri Sharad Yadav addressed a press conference, jointly with the leaders
of Lok Shakti and Samata Party on 21.7.99 and announced that the said
two parties would join the JD and that the JD would join the National
Democratic Alliance led by Bharatiya Janata Party. It was stated that the
Political Affairs Committee (PAC for short) of the JD viewed the activities
of Shri Yadav as anti party, and at its meeting held on 21.7.99, the PAC
decided to remove Shri Yadav from the post of party President. The
application further stated that the PAC, under the chairmanship of VicePresident Shri Maulana Obaidullah Khan Azmi, elected Shri Deve Gowda
as the party President. Shri Gowda contended that the PAC was the creature
of the National Executive Committee, the highest body of the party, and
therefore, enjoyed all powers and performed all functions of the National
Executive, including disciplinary functions, and as such the decision of the
PAC was final. He also submitted a copy of the resolution passed at the
meeting of the National Executive held on 6th and 7th August, 1994, in
which one of the items related to authorising the party President to constitute
the PAC with the approval of the National Executive.
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