Case BriefsHigh Courts

Delhi High Court: Indermeet Kaur, J refused to interfere with the Election Commission’s order dated 17.11.2017, wherein it was held that the 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 and hence, it should be recognised as the Janata Dal (United) [JD(U)] and hence,  entitled to use the reserved symbol ‘Arrow’ of the Party as a recognised State Party in Bihar.

The JD(U) battle over the Election symbol, that arose after Bihar Chief Minister Nitish Kumar ended his ‘Mahagathbandhan’ i.e. the alliance with the non-BJP parties and decided to join hands with BJP, had intensified in the light of the upcoming Gujarat elections. JD(U) member and Gujarat MLA Chhotubhai Amarsang Vasava had challenged the EC order before the High Court.

Chamber 20A, that represented Nitish Kumar, told us that the Court accepted the submission that the writ was not maintainable under Article 329 of the Constitution and hence, refused to interfere with the short order of the EC. The Court said that it correctly relies upon the ruling in Sadiq Ali v. Election Commission of lndia, (1972) 4 SCC 664. The detailed order of the EC will be pronounced on 27.11.2017. [Chhotubhai Amarsang Vasava v. Election Commission of India, W.P.(C) 10395/2017, order dated 23.11.2017]