New Delhi: The Delhi High Court has dismissed a petition filed by an expelled member of Janata Dal United (JDU) challenging the election of Nitish Kumar, the Chief Minister of Bihar, as the President of Janata Dal United (JDU), submitting that his election as the party president was in breach of party’s constitution and in violation of internal democracy of the party.
Election Commission of India recognized faction led by Nitish Kumar as the legitimate JDU, High Court noted
Justice Purushaindra Kumar Kaurav, while dismissing the plea of petitioner and former JDU member Govind Yadav, noted that the Election Commission of India rejected petitioner’s objections 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.
Petition lacks merit: High Court
“The court finds no compelling reason to interfere in the present writ petition or to grant the relief sought by the petitioner. The petition lacks merit and falls outside the jurisdictional scope of Article 226 of the Constitution of India. Consequently, the writ petition is hereby dismissed along with pending application(s),” the High Court said.
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What did the petitioner seek?
The petitioner sought a declaration from the court that the internal party elections conducted by JDU in the years 2016, 2019, and 2022 were in breach of the party’s constitution and to annul the processes of organizational elections held by the JDU in 2016, 2019, and 2022, alleging them to have been conducted fraudulently and various other interconnected directions, including yo declare his as null and void.
Two contending factions within the JDU – one led by Chotubhai Amarsang Vasava and the other by Nitish Kumar – claimed to be a legitimate faction and the Election Commission of India recognized Nitish Kumar as the legitimate office bearer of the party.
Nitish Kumar faction demonstrated overwhelming majority support within legislative wing and National Council, HC noted
The High Court noted that the Nitish Kumar faction demonstrated overwhelming majority support, both within the legislative wing and the National Council of the party, which is the apex organizational body and consequently, the interim order by the Election Commission of India recognized the group led by Nitish Kumar as the legitimate JDU faction under the Symbols Order and as a result, this faction was granted the entitlement to use the reserved symbol, the Arrow, as the officially recognized state party in Bihar.
The High Court also rejected the submission of the petitioner that the party’s internal forum had declared the elections conducted by JDU to be invalid, citing the letter dated September 20, 2017, which purportedly designated Chhotu Bhai Amarsangh Vasava as the acting party president. It said that this contention of the petitioner lacks merit when considered against the final orders of the Election Commission of India recognising Nitish Kumar as the party president and his faction as the legitimate State party in Bihar and as such, the letter dated September 20, 2017, issued by the rival faction that lost its claim under the Symbols Order, cannot be given credence.
