The JD-U's Sharad Yadav faction on Thursday said it was sure of getting the party's "Arrow" symbol from the Election Commission, which is hearing a dispute between the faction and the one led by Bihar Chief Minister Nitish Kumar.
"We are sure the EC will allot us the Arrow symbol because we have the majority with us as per the party's constitution. Nitish Kumar can't override the National Council, which is the supreme decision making body of the party and whose majority is with us," Janata Dal-United (JD-U) General Secretary Arun Kumar Shrivastav said here.
The Commission had held a hearing in the case on Tuesday where senior lawyer Kapil Sibal argued on behalf of the Sharad Yadav faction while senior advocate Gopal Singh represented the Nitish Kumar faction.
According to Shrivastav, Sibal tried to impress upon the EC that the party's National Council was the supreme body and not the party's legislative body (MLAs, MLCs and MPs) and that the majority in the National Council was with Sharad Yadav.
He also dismissed claims by the rival faction that the Sharad faction wanted the symbol frozen.
"Sibal argued that as per a Supreme Court ruling, if a party's National Council is disputed, the previous National Council will prevail. Since in this case the National Council of 195 members shown by Nitish Kumar is disputed, the previous National Council should be recognised," Shrivastav said.
He said although the JD-U was active in 22 states, Nitish Kumar showed the National Council consisting of only 195 members from only five states including Bihar, Jharkhand, Kerala, Jammu and Kashmir and Daman and Diu.
"Of these states, the Kerala unit is with us. As for Jammu and Kashmir, Sibal argued that party elections were shown to be held during the days when there was curfew.
How could they hold elections during curfew?
"Also, as many as 30 affidavits submitted by them (Nitish faction) were signed by persons on the 17th day of the month but they have been counter-signed by the notary on 22nd day of the month. How is it possible?" Shrivastav said.
He said all claims by the rival faction of "we trying to get the symbol frozen are lies and fraud".
"We want to contest the Gujarat Assembly elections on Arrow symbol. And we hope to get it by the 14th of this month when the nomination for Gujarat polls start," he said.
The EC is next scheduled to hear the case on November 13.