The Delhi High Court in the case Girish Bharadwaj v. Union of India & Ors observed and has issued the notice on the public interest litigation against the use of acronym I.N.D.I.A., the Indian National Developmental Inclusive Alliance by the newly formed alliance comprising of 26 opposition political parties.
The Division bench comprising of Chief Justice Satish Chandra Sharma and Justice Amit Mahajan in the case observed and seek response from the Union Government through Ministries of Home Affairs and Information and Broadcasting, the Election Commission of India and the 26 political parties.
The counsel appearing for the Bharadwaj submitted that he is being aggrieved by the non-observance and no action has been taken on the representation given by him to the Election Commission of India on July 19 which being against the 26 political parties who formed the new alliance.
The petitioner in the plea stated that till the date of the election Commission of India did not take any action to prevent the respondent political parties to use the acronym I.N.D.I.A for their political alliance, subsequently, the petitioner left with no other option, except to file of the said Writ Petition.
Further, the plea filed stated and seek directions on the political parties to use the acronym I.N.D.I.A. and also on the Election Commission of India and the Union Government in order to take necessary action in the present matter.
The petitioner also stated that the parties have kept the name of the alliance as I.N.D.I.A. only to take undue advantages in the upcoming general elections in the year 2024.
Adding to it has been stated before the court that all these practice in order to use the acronym I.N.D.I.A., the Indian National Developmental Inclusive Alliance or the INDIA of respondent political parties are only to attract and in order to gain sympathy and also the votes of the innocent citizen and to use as a tool for political benefit and also in order to give a nudge or a spark which may lead to political hatred which eventually will lead to the political violence.
Furthermore, it has also been submitted by the Bharadwaj before the court that the acronym I.N.D.I.A which being the essential part of the national emblem cannot be used for any professional, commercial purpose and political purpose, which amounts to violation of Emblems and Names, the Prevention of Improper Use Act, 1950, and relevant Rules.
It has also been state din the plea that the selfish act of these political parties may adversely affect the peaceful, transparent and fair casting of votes during the upcoming general election of 2024 which in the case may expose the citizens to unwarranted violence and also affect the law and order of the country.
Accordingly, the court listed the matter for further consideration on October 21, 2023.
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