The Hindu : Karnataka / Bangalore News : Siddaramaiah group loses case for Janata Dal (S) symbol

Online edition of India's National Newspaper
Friday, Nov 18, 2005

Karnataka

Karnataka - Bangalore

Siddaramaiah group loses case for Janata Dal (S) symbol

Staff Reporter

The High Court said: `Since the matter is yet to be decided and pending before the Election Commission, we do not think that the symbol should be frozen'

BANGALORE: The Siddaramaiah faction of the Janata Dal (Secular) suffered a setback when the Karnataka High Court dismissed its plea for either freezing the party symbol or allotting it to them for the zilla and taluk panchayat elections in December.

The court observed that since the party headed by H.D. Deve Gowda was registered with the Election Commission and was also recognised as a State party in Karnataka, the official symbol would have to be allotted to the candidates set up by them, unless the Election Commission decided otherwise.

`No merit'

Dismissing the petition as having no merit, a Division Bench comprising Chief Justice Nauvdip Kumar Sodhi and Justice N. Kumar said they could not accept the petitioner's contention to either freeze the symbol or allot it to them as the dispute was pending before the Election Commission.

The Bench said it was for the Election Commission to take a decision, which would be binding, on which faction is the real party. "Since the matter is yet to be decided and pending before the Election Commission, we do not think that the symbol should be frozen.

Besides, no statutory provision or any rule in this regard is brought to our notice for freezing the symbol at such an initial stage.

The prayer by the petitioner is immature as the Election Commission has yet to decide whether there are rival sections and if so which of them is the real party."

In his petition, C.M. Ibrahim, who claimed to be the real President of the Janata Dal (S), sought the quashing of the State Election Commission (SEC) order rejecting his claim for grant of the party symbol for the local body elections.

He also sought a direction to the SEC not to accept the forms A and B issued by Mr. Deve Gowda for the elections.

He also urged the court to restrain Mr. Deve Gowda from using the party name, flag and symbol in any election pending adjudication of the dispute.

Ibrahim's contention

Calling himself the national President of Janata Dal (S), Mr. Ibrahim said a meeting of party workers had been held at Palace Grounds in Bangalore on September 30, 2005. A motion of no-confidence against Mr. Deve Gowda was passed in the meeting which was unanimously adopted and he was removed from the post.

He said he had raised a dispute under Para 15 of the Election Symbol (Reservation and Allotment) Order, 1968, declaring that the party headed by Mr. Deve Gowda was recognised and not the group led by him. The SEC had erred in passing an order recognising the party led by Mr. Deve Gowda and by not affording them an opportunity of hearing.

Mr. Ibrahim had prayed to the court to quash the SEC order and direct it not to accept the forms A and B issued by Mr. Deve Gowda.

The Bench said that the elections to the local bodies were governed by the Karnataka Panchayat Raj Conduct of Elections Rules, 1993.

A reading of the provisions of the Act showed that every political party registered by the Election Commission was recognised for the local body elections.

The Janata Dal (S) had been registered with the Election Commission with Mr. Deve Gowda as the President.

This registration had not been cancelled or withdrawn. Nor had the name of the party president been changed or altered in the Election Commission records. The recognition of the party had also not been withdrawn.

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