New Delhi: The Delhi High Court has dismissed an appeal filed by an expelled member of Janata Dal United (JDU) against a single bench order dismissing his plea challenging the election of Bihar Chief Minister Nitish Kumar as the President of the JDU.
A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela dismissed the appeal filed by expelled JDU member Govind Yadav.
What did the expelled JDU member submit?
Govind Yadav instituted the petition before the single judge primarily seeking a declaration that communications dated 10.11.2016, 13.11.2019, 18.02.2021, 03.08.2021 and 27.09.2021 made by JDU under section 29A of the Representation of the People Act, 1951 are null and void for the reason that such communications contained names of officer bearers of JDU on the basis of alleged fraudulently conducted elections in contravention of the Constitution and Rules governing the affairs of JDU.
Single judge dismissed the plea of expelled JDU member
The single judge, while dismissing the plea of petitioner and former JDU member Govind Yadav, noted that the Election Commission of India (ECI) rejected the objections of the petitioner and recognized the faction led by Nitish Kumar as the legitimate JDU and his faction was granted the entitlement to use the reserved symbol, the Arrow, as the officially recognized State party in Bihar.
What did the division bench say?
The division bench upheld the order of the single judge, saying the appeal was bereft of any merit.
“We are in complete agreement with the judgment passed by the learned Single Judge which is under challenge in the instant appeal, where it has been held that nature of reliefs sought by the appellant/petitioner in the writ petition are wholly outside the ambit and inquiry as contemplated under Section 29A (9) of the RP Act,” the division bench said.
“We, thus, concur with the opinion of the learned Single Judge, dismissing the writ petition. The instant appeal is, thus, found bereft of any merit, which, resultantly is dismissed along with the pending applications,” the division bench added.
