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.
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.
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.
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