Dispute Case No. 1 of 1999 - Application filed by Shri H.D. Deve Gowda Counsel appearing on behalf of Shri Deve Gowda, claimed that Shri Deve Gowda enjoyed superior numerical support in all wings of the party and at all levels of organisational hierarchy. Shri Anand reiterated the submissions made in the application that the PAC was an organ of the party, and had full powers to take decisions regarding political, economic and social matters, on behalf of the National Executive. He stated that when the present BJPled Govt. was defeated on the floor of the Lok Sabha earlier this year in April, the National Executive of the JD had passed a resolution stating that the party would help in forming a secular government and that Shri Sharad Yadav went against the principle of the JD in announcing at a joint press conference on 21st July, 1999 that the Samata Party and Lok Shakti would unite with JD and JD would join the National Democratic Alliance led by BJP. Shri Anand submitted that the PAC took note of the moves of Shri Sharad Yadav and considered them anti-party and in a meeting held on 21st July, 1999 decided to remove Shri Sharad Yadav from the post of President of the party. According to Shri Anand, the group led by Shri Deve Gowda enjoyed majority support in all organisational bodies and Committees of the party and also in the legislature wing of the party. 9. Shri G.L. Sanghi, Senior Counsel on behalf of Shri Sharad Yadav submitted that the whole application of Shri Deve Gowda was based on the averment that the PAC acted on behalf of the National Executive Committee and decided to remove Shri Sharad Yadav from the post of President. Shri Sanghi contended that the PAC found no mention in the constitution of the party and it had no authority whatsoever to take any decision that it purported to have taken. According to him, such an application which does not give sufficient material does not fall under paragraph 15 of the Symbols Order and the Commission should not take cognizance of such an application. He contended that the PAC was set up merely to assist the President and the National Executive Committee. Shri Sanghi claimed that under the constitution of the party, the party President could exercise all powers of the National Executive when it was not in session and, therefore, Shri Yadav acted within his powers. He further stated that a meeting of the National Executive Committee was held on 29th July, 1999 and the Committee endorsed the decision taken by Shri Sharad Yadav to work in unison with Lok Shakti and Samata Party at the forthcoming general election, and also approved the action of Shri Yadav in suspending Shri Deve Gowda and Shri Jaipal Reddy from the party. He pointed out that the application of Shri Deve Gowda itself admitted that the PAC could only take decision on behalf of the National Executive. Thus, according to him, the PAC was at best an agent of the National Executive and it could not sit 333