Orissa High Courts Bins PIL Filed By BJP Leader Seeking To Restrain State Govt From Using BJD's 'Conch' Symbol In Welfare Schemes

The Orissa High Court has dismissed a petition seeking to restrain the Odisha Government from using the 'conch' symbol of ruling Biju Janata Dal (BJD) from the advertisements of different welfare schemes.

A writ petition in the nature of Public Interest Litigation (PIL) was filed by Jatin Mohanty, General Secretary of Bharatiya Janata Party (BJP), praying to restrain the Government from using BJD party's symbol in different welfare schemes.

The matter was heard by the Division Bench of Chief Justice Chakradhari Sharan Singh and Justice Murahari Sri Raman. During the course of hearing, CJ Singh queried the the petitioner about his locus standi, to which it was submitted that the petitioner is a citizen of India and also the General Secretary of BJP.

At this juncture, the Chief Justice questioned, “are you doing politics in the Court room?”

The counsel appearing for the petitioner immediately retorted that though he had earlier submitted representation to the Election Commission of India, the same was not considered. He further apprised that although he approached the Delhi High Court raising the issue, but the said High Court disposed of the matter advising him to invoke jurisdiction of the Orissa High Court.

Chief Justice asked, “Do you have the advisory issued by the Delhi High Court?”

The counsel answered that though he does not have any such advisory but the Court ought to consider his plea as a lot of public money is being wasted in the advertisements.

At this point of time, the Advocate General Ashok Parija intervened and informed the Court that subsequent to the representation submitted by the petitioner, the Election Commission wrote a letter to the State Government. He further apprised that the State Government has already replied to the letter and thus, the matter has been rendered infructuous.

The counsel for the petitioner, however, kept on arguing that crores of rupees from the public exchequer are being used for creating image of the BJD party by publishing advertisements in different newspapers with the 'conch' symbol and photograph of Chief Minister Naveen Patnaik.

The counsel for the petitioner prayed for admission of the petition, but the Court then inquired as to what kind of law/provision can be invoked to ventilate the grievances of the petitioner.

The Bench then warned the counsel for letting politics to enter the Court room and doubted the bona fide of the petitioner as to why he approached the Court only in 2024, i.e. just before the election and not in the previous years.

“Upon perusal of the contents of the writ petition and considering the timing of institution of this case just before the ensuing elections in the State, in our opinion, this petition in the nature of PIL lacks bona fide. The writ petition is, accordingly, dismissed,” the Court ordered.

Though the petitioner prayed for a direction to the Election Commission to decide his representation, but the Court did not agree to the same, rather it granted liberty to him to approach the Commission raising such issues.

Case Title: Jatin Mohanty v. Election Commission of India & Ors.

Case No: W.P.(C) No. 2008 of 2024

Counsel for the Petitioner: Mr. S.K. Parhi, Advocate; Mr. S. Joshi, Advocate

Counsel for the Respondents: Mr. Ashok Parija, Advocate General; Mr. Debakanta Mohanty, Addl. Govt. Advocate

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