Dispute Case No. 1 of 1999 - Application filed by Shri H.D. Deve Gowda
it clear to both the rival groups, that the aforesaid ad-hoc recognition to
them, as National parties, will be applicable, only for the purposes of the
above mentioned general elections and bye-elections to be held in the months
of August-October 1999, and not at any other elections to be held thereafter.
The question of their recognition and allotment of symbol would be dependent
upon the final determination of the dispute. For such final determination,
their poll performance at the above said general elections would be very
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.
18.
In view of the foregoing, the Election Commission hereby
directs that (i)
both the rival or splinter groups of Janata Dal, led by Shri
Sharad Yadav and Shri H.D. Deve Gowda respectively, shall intimate the
Commission, latest by 5.00 p.m. on 8th August, 1999 (Sunday), the names
by which these splinter groups would like to be identified and recognised
subject to the approval of Election Commission of India, as ad-hoc National
parties for the limited purposes of the general elections and bye-elections
mentioned above;
(ii)
each of the said groups shall also intimate, by the aforesaid
date and time, their choice of symbols to be reserved for them, as such adhoc recognised parties. For this purpose, each of them should give three
options with regard to symbols, in order of their preference, any one of which
may be reserved by the Commission for them. Such option of symbols should
be confined, to the list of free symbols, already specified by the Commission
vide its Notification dated 30th July, 1999;
(iii)
neither of the said two groups or any other group shall be
permitted to use the name of the Janata Dal or its reserved symbol ‘Chakra
(Wheel)’, until further orders of the Commission.
19.
Before concluding, we would also like to clarify here that the
Janata Dal, as a recognised National party, was entitled to certain benefits,
like the free time on Doordarshan and All India Radio for their political
telecasts / broadcasts, in accordance with the scheme announced by the
Commission on 4th August, 1999. In addition, that party was also entitled
to the free supply of two copies of electoral rolls of each Parliamentary/
Assembly constituency. There may be some other benefits also which might
be available to the recognised National parties. As we have decided to grant
ad-hoc recognition to the aforesaid two splinter groups of the Janata Dal, as
claimants to the whole Janata Dal, both the groups will be entitled to enjoy
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