Delhi HC Dismisses Plea Challenging Nitish Kumar’s Election as JD(U) President

Delhi HC Dismisses Plea Challenging Nitish Kumar’s Election as JD(U) President

The Delhi High Court has rejected a petition challenging Bihar Chief Minister Nitish Kumar's election as President of the Janata Dal (United) (JD(U)). The court determined that there was no substantial basis to overturn the election results and deemed the petition meritless.

This ruling affirms Nitish Kumar's role as the party president.

In an order issued on August 29, Justice Pushpender Kumar Kaurav's bench observed that the reliefs requested by the petitioner were entirely outside the scope of inquiry under Section 29A of the Representation of the People Act (RP Act). The bench also noted that the principles outlined in the case of Sadiq Ali (supra) did not support the reliefs sought in this writ petition.

"In light of the foregoing discussion, 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," the court said.

The court observed that the dispute originated from a JD(U) faction's appeal under paragraph 15 of the Symbols Order. An interim order issued on November 17, 2017, had established that the faction led by Nitish Kumar had garnered overwhelming majority support within both the legislative wing and the National Council. This position was upheld by the Supreme Court in the Sadiq Ali case. The interim order recognized Kumar's faction as the legitimate JD(U) group and granted it the right to use the party’s reserved symbol, the Arrow, as the officially recognized state party in Bihar.

Govind Yadav, an expelled member of the Janata Dal United (JD(U)), a recognized state political party under the Election Symbols (Reservation and Allotment) Order, 1968, has challenged the election of Nitish Kumar as JD(U) President. Yadav argues that the party's notifications to the Election Commission of India (ECI) regarding changes in its office bearers did not adhere to Section 29A(9) of the Representation of the People Act (RP Act).

Yadav, who has held several significant positions within the Janata Dal and its successor JD(U), including National General Secretary and State President, contests the legitimacy of Kumar's election as JD(U) President on April 10, 2016. Yadav asserts that the ratification of Kumar’s election by the National Council on April 23, 2016, violated the party’s constitution and internal democratic processes. He further disputes the notification of Kumar's election sent to the ECI on April 25, 2016, claiming these actions breached the party's internal rules.

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