The Delhi High Court recently dismissed a petition challenging the election of Bihar Chief Minister Nitish Kumar as the President of Janata Dal (United) (JDU) [Govind Yadav v Union of India & Ors].
In its August 29 ruling, Justice Purushaindra Kumar Kaurav found no merit in the plea filed by former JDU member Govind Yadav. The court determined that there was no valid reason to intervene in the internal party changes made by the JDU.
“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 along with pending application(s). No order as to costs,” the court stated.
Yadav’s plea sought to invalidate the changes recorded by the Election Commission of India (ECI) regarding JDU’s leadership. He argued that these changes violated Section 29(A)(9) of the Representation of the People Act, which mandates that any alterations in a political party’s structure must be promptly communicated to the ECI.
Additionally, Yadav challenged the legitimacy of JDU’s internal elections held in 2016, 2019, and 2022, claiming they were conducted in breach of the party’s constitution.
The court pointed out that similar disputes had been raised by another faction of the JDU, but the ECI had ruled in favor of Nitish Kumar’s leadership in November 2017. The court emphasized that Kumar’s faction had demonstrated overwhelming support within the party’s legislative wing and National Council, thus affirming his legitimacy as the party leader.
Justice Kaurav concluded that Yadav’s claims fell outside the scope of Section 29A of the Representation of the People Act and dismissed the petition.
Advocate Pathak Rakesh Kaushik represented Govind Yadav, while Advocates Sidhant Kumar and Om Batra appeared on behalf of the Election Commission of India.
