NEW DELHI: The Election Commission on Friday settled the symbol row within Janata Dal (United) by recognising the group led by Bihar chief minister Nitish Kumar as one entitled to use its reserved 'arrow' poll symbol as a recognised state party in Bihar.Dismissing the petition filed by 'rebel' JD(U) MLA from Gujarat and Sharad Yadav supporter Chhotubhai Amarsang Vasava, the EC in an order said the group led by Nitish "has demonstrated overwhelming support in the legislature wing as well as the majority in the national council of the party, which is the apex level organisation body of the party".In their petition, they had urged EC to recognise their group as the real JD(U) under Paragraph 15 of the Elections Symbols (Reservation & Allotment) order, 1968.The order comes even as the assembly poll process is underway in Gujarat. EC said it had received communications from both the JD(U) factions stating that they intended to contest the Gujarat election and sought commission's approval for allotment of 'arrow' symbol for their candidates during the polls."Therefore there is an urgency for the Commission to pronounce the decision as to which of the two groups is JD(U)" noted EC.Vasava in his petition claimed he had been elected as acting president of JD(U) on September 17, 2017, in a meeting of the party national executive until the election of a new president "in accordance of the constitution of the party".He said a dispute within the party had broken out following Nitish Kumar's decision to break JD(U)'s 'mahagathbandhan' with RJD-Congress and align with the BJP, insisting that "the same was against the principles of the party and earlier decision taken by the party".Both Sharad Yadav-Vasava group and Nitish-led group submitted their written submissions to EC, along with individual affidavits from members of the legislative wings of the party and members of the national council of the party constituted in 2013. The petitioner's council said his client had submitted affidavits of 450 persons out of 1,098 members of the national council.Vasava's papers further claimed that his group commanded the support of two out of 10 Rajya Sabha MPs from Gujarat and one MLC of Maharashtra. Incidentally, the Maharashtra MLC - Kapil Harishchandra Patel - has also filed an affidavit of support to the other JD(U) faction as well.The Nitish group, on its part, argued the present strength of the JD(U) national council was 195, with organisational elections held in October last. The information regarding the organisational elections has been uploaded on EC's website. Moreover, the group submitted affidavits from 138 of the 195 elected members, 2 Lok Sabha MPs and 7 of 10 Rajya Sabha MPs, 71 MLAs from Bihar and all 30 MLCs backing Nitish as the leader.The Commission, after hearing the oral and written submissions of both factions, said the Supreme Court's verdict on Sadiq Ali Vs ECI could be applied in the instant case and added that Nitish Kumar had demonstrated overwhelming majority support in the legislature wing as well as the majority in the national council of the party. "Accordingly, JD(U) is hereby recognised as the Janata Dal (United) in terms of Paragraph-'l5 of the Symbols Order," it said.

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