New Delhi: A Gujarat MLA of the Sharad Yadav faction of Janata Dal (United) on Tuesday moved the Delhi High Court challenging the Election Commission order rejecting its petition staking claim over the party symbol 'Arrow' and recognising Bihar Chief Minister Nitish Kumar-led faction as the real JD(U).
Gujarat legislator Chottubhai Vasava, who is the acting president of Yadav's faction, mentioned the matter before a bench headed by the acting Chief Justice Gita Mittal for urgent hearing in view of the upcoming Gujarat Assembly polls.
Advocate Nizam Pasha, appearing for Vasava, told the bench, which also comprised Justice C Hari Shankar, that the Election Commission's November 17 order should be quashed as it had "gravely erred" in granting JD(U)'s official symbol to the Nitish Kumar faction.
After a brief hearing, the bench listed the matter for hearing tomorrow.
Advocate Gopal Singh, appearing for the Nitish Kumar faction, opposed the plea saying the EC had heard the matter on different occasions and has rightly passed its directions.
Kumar and Yadav parted ways after the former decided to join hands with the BJP in July, triggering a battle for the control of the party.
Yadav had claimed that by ending the alliance with Lalu Prasad Yadav's RJD and deserting the greater 'grand alliance', Kumar had gone against the party's national executive's decision to oppose the BJP.
As the rift between the two widened, Yadav held a 'national executive' conclave of the JD(U) here where Vasava was appointed the acting president.
Vasava, who is also the Gujarat unit party chief and a six-term MLA, approached the EC staking claim over the party and its poll symbol 'arrow'. Yadav has all along maintained that the faction led by him was the real JD(U).
The EC, in its order had said the group led by Kumar "has demonstrated overwhelming majority support" in the legislature wing as well as the majority in the national council of the party, which is the apex organisational body of the JD(U).
However, Vasava's counsel told the court that the party led by Yadav was the real JD(U) and EC had relied on the disputed election of the national council.
The two factions sought an early decision from the poll panel, noting that they wanted to contest next month's Gujarat Assembly polls using the 'arrow' symbol.
