New Delhi/Patna: The Election Commission on Friday ruled that the faction led by chief minister Nitish Kumar is entitled to use the arrow poll symbol of the Janata Dal United.

The verdict is a setback to rebel MP Sharad Yadav, who had, in August, staked claimed to the symbol after Nitish walked out of the Grand Alliance with the RJD and Congress to form the government with the BJP-led NDA.

In its order on Friday, the commission said: "The respondent group led by Sh. Nitish 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 level organisational Body of the Party... Accordingly, the group led by Sh. Nitish Kumar is hereby recognised as the Janata Dal (United) in terms of Paragraph-15 of the Symbols Order. Consequently, the group led by Sh. Nitish Kumar is entitled to use the reserved symbol 'Arrow' of the Party as a recognised State Party in Bihar."

The Nitish group had asked the commission for an urgent resolution of the dispute to prevent the Sharad faction from using the symbol in the Gujarat polls next month. While Nitish commands the loyalty of most legislators, Sharad, a Rajya Sabha MP, had claimed that the majority of National Council members of the party were with him. Both factions are fielding candidates in Gujarat.

JDU secretary-general K.C. Tyagi welcomed the order. "The party also calls upon the strayed section of leaders involved and misled by the petitioner's group to come back to the leadership of Nitish Kumar," he said.

The Sharad faction sought to put up a brave face. "We will consul lawyers. The verdict was not entirely unexpected. But the last court is the people's court," rebel Rajya Sabha MP Ali Anwar said.

Some Sharad followers said the poll panel's decision will now hasten the process of expulsion of Sharad and Anwar from the Rajya Sabha on the basis of a petition filed by the Nitish faction before chairman M. Venkaiah Naidu.