PRAYAGRAJ: The Allahabad High court has asked the Election Commission of India (ECI) to reply to a petition on alleged misuse of election symbols by political parties as their logo and for freezing or withdrawal of lotus as the BJP logo since it is the national flower.
The bench comprising Chief Justice Govind Mathur and Justice Piyush Agrawal passed the order on Wednesday on a Public Interest Litigation (PIL) filed by Gorakhpur resident Kali Shankar.
Counsel for petitioner said lotus is the national flower and is also visible in various government websites.
Therefore, no political party can be allowed to use it as its symbol as it influences voters and gives the party undue advantage, he said.
According to the counsel, the life of election symbols is only for a specific election, and a political party cannot use the same as its logo.
According to petitioner, if the political parties were permitted to use election symbols perpetually, and for purposes other than elections, that would be unjust to Independent candidates or those who are not affiliated with recognised parties as they get fresh symbols before each election.
The PIL asserts that under the Representation of People Act as well as under the Election Symbols (Reservation & Allotment) Order, 1968 (Order of 1968), the concept of election symbols is applicable only for the purpose of elections, and such symbols cannot be used as a logo of any political party.
The counsel appearing for ECI sought some time to examine the entire issue and file a reply.
The court also directed the counsel for the petitioner to implead other national political parties as a respondents in the petition.
The PIL has raised several important issues relating to allotment of election symbols by the ECI to candidates in accordance with the Representation of People Act, 1951.
On April 4, 2019, ECI had rejected an application by the petitioner that sought freezing or withdrawal of the lotus as the election symbol of the BJP.
The petitioner has now moved the high court, seeking quashing of the rejection order and directions to the ECI to issue fresh guidelines for use of political symbols in accordance with the law.
The court fixed January 12 as the next date of hearing in the case.