Delhi High Court Grants Final Opportunity To Political Parties To Respond To PIL Against Use Of Acronym 'INDIA'

The Delhi High Court on Tuesday granted last and final opportunity to opposition political parties to file their replies within a week to a PIL against the use of acronym I.N.D.I.A (Indian National Developmental Inclusive Alliance) for the new alliance.

A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora refused to prepone hearing of the matter and listed it for hearing on April 10, the date already fixed.

The court said that it will make an endeavour to hear and dispose of the matter on April 10. The first phase of voting for 2024 General polls is on April 19.

The PIL has been filed by businessman Girish Bharadwaj. An application was filed by him seeking early hearing of the matter.

Bharadwaj's counsel said that on March 16, the Election Commission of India (ECI) announced the schedule for the Lok Sabha polls 2024 according to which the first phase of voting is on April 19.

He further stated that the PIL is pending since August last year and is still at the stage of completion of pleadings.

It was submitted that there was an inordinate delay and mala fide conduct of the respondent political parties who failed to file their replies to the PIL, despite many opportunities.

The counsel appearing for ECI, Advocate Sidhant Kumar, submitted that a reply has already been filed on behalf of the constitutional body.

“Since the matter is already fixed on April 10, the application is dismissed. The contesting respondents are granted final opportunity to file counter affidavit within a week. It is clarified that the court will make an endeavour to hear and dispose of the petition on the next date of hearing,” the court said.

Last year, the ECI refused to comment on the controversy and said that it cannot regulate political alliances under the Representation of People Act, 1951. In its reply, ECI referred to a decision of Kerala High Court in the case of Dr. George Joseph Themplangad v. Union Of India & Ors. wherein it was held that there is no statutory provision mandating the constitutional body to regulate the functioning of political alliances.

“That the Answering Respondent [ECI] has been vested with the authority to register associations of bodies or individuals of a political party in terms of Section 29A of the Representation of People Act, 1951. Notably, political alliances are not recognised as regulated entities under the RP Act or the Constitution,” ECI had said.

Bharadwaj is aggrieved by “non-observance” and no action taken on the representation given by him to the Election Commission of India on July 19 against the 26 political parties who formed the new alliance.

“That till date 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, hence the petitioner left with no other option, except to file this Writ Petition,” the plea states.

It seeks a direction on the political parties to not use the acronym I.N.D.I.A. and also on the Election Commission of India and the Union Government to take necessary action in the matter.

The plea states 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 2024.

“…these all practice to use acronym I.N.D.I.A. (Indian National Developmental Inclusive Alliance) / INDIA of respondent political parties are only to attract and gain sympathy and votes of the innocent citizen and to use as a tool for political benefit and also to give a nudge or a spark which may lead to political hatred which eventually will lead to political violence,” it adds.

Furthermore, Bharadwaj has said that the acronym I.N.D.I.A 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 (Prevention of Improper Use) Act, 1950, and relevant Rules.

“…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 may expose the citizens to unwarranted violence and also affect the law and order of the country,” the plea states.

Title: Girish Bharadwaj v. Union of India & Ors.