The Election Commission has recognised the faction led by Nitish Kumar as the Janata Dal(United), and allotted to him the party’s “arrow” symbol, rejecting Sharad Yadav’s claim in the process.
With elections due to take place in Gujarat on December 9 and 14, the Commission passed its order on Friday to enable the party to contest the elections in the State.
Petitioner Chhotubhai Amarsang Vasava, who was named ‘president’ of the JD(U) by Sharad Yadav, had alleged a dispute in the party following Nitish’s decision to exit the ‘Mahagathbandhan’ — its alliance with the Congress and the RJD formed in 2015 — and align with the BJP. Vasava said ties with the BJP was against the principles of the party and its earlier decisions.
In its “short order”, the Commission said that having considered the submissions of both groups, and the documents submitted in support of their respective claims, the Commission held that the principle of test of majority support in the organisational and legislative wings, as upheld by the Supreme Court in Sadlq Ali vs Election Commission of lndia & others (AlR 1972 SC 187), and applied by the poll body Commission in all such cases in the past, would apply in this case as well.
“The respondent group led by Nitish Kumar has demonstrated overwhelming majority support in the legislature wing as well as the majority in the National Council of the party, which is the apex-level organisational body of the party. Accordingly, the group led by Nitish Kumar is recognised as the Janata Dal (United) in terms of Paragraph 15 of the Symbols Order. Consequently, the group led by Nitish Kumar is entitled to use the reserved symbol ‘Arrow’ of the Party as a recognised State Party in Bihar,” the Order added.