JANATHA DAL PARTY Vs. INDIAN NATIONAL CONGRESS

JUDGEMENT

(1.) We are, in this case, concerned with the ownership and possession of Premises No. 3, Race Course Road, Bangalore, 'A' scheduled property, wherein, at present, the political party Office of Janata Dal (Secular) is situated. The suit property originally belonged to one Sri C. Rangaswamy, who was the resident of Property No. 54, Hospital Road, Baleput, Bangalore City, executed a registered Gift Deed dated 22.4.1949 in favour of Bangalore City Congress Committee which was having its office at No. 142, Cottonpet, Bangalore City, which measured 5330 sq. yards. The land was donated by the donor for the purpose of construction of Congress House, wherein the All India Congress Party constructed a building, by name, 'Congress Bhavan', in a portion of the suit property. In the year 1969, there was split within the Indian National Congress giving rise to two groups, one led by late Smt. Indira Gandhi, under the Presidentship of late Sri Jagajivan Ram and the other group led by late Sri S. Nijalingappa. The group led by Jagajivan Ram was then called the 'Indian National Congress (J)', whereas the other group led by Nijalingappa was called as 'Indian National Congress (O)'. The split in the party at the centre had its own effect in the State of Karnataka as well. The then Mysore Pradesh Congress Party broke up into Congress (J) and Congress (O) corresponding to those groups in the All Indian Congress Committee at the Centre. Each group claimed itself to be the real Indian National Congress. That dispute came up before the Election Commission of India (ECI).

(2.) The ECI, applying the test of majority at the organizational level and the legislative wings, by its order 11.1.1971 held that the Congress (J) was the Indian National Congress. The decision of the ECI was upheld by this Court in Shri Sadiq Ali and another v. The Election Commission of India, New Delhi and others, 1972 4 SCC 664. Consequently, Congress (J) group, formed as the Indian National Congress, came to be recognized as the Indian National Congress for all purposes.

(3.) The General Elections to the Lok Sabha were held in the year 1977.