Intended To Get Rid Of 'Hand': Supreme Court Dismisses PIL To Ban Use Of 'Body Parts' As Election Symbols

The Supreme Court on Monday (August 5) dismissed a petition seeking directions to the Election Commission of India (ECI) to prohibit the use of any 'body part' as an election symbol by political parties. 

The bench led by CJI DY Chnadrcahud comprising Justices JB Pardiwala and Manoj Misra refused to entertain the petition. The CJI verbally observed that the PIL is intended to target the election symbol of the Indian National Congress (INC) only. 

" What kind of a petition is this? you cannot have an eye, you cannot have a nose,  you cannot have a hand. The purpose of this is to get rid of the hand (symbol)" CJI said smilingly. 

The petitioner argued that symbols resembling human body parts could potentially violate election rules. They claimed that such symbols might be misused during the mandatory 48-hour campaign silence period before voting, as they cannot be easily hidden.

" The Model Code of Conduct clearly describes the cessation of election campaign before 48 hours of the polling and Section 130 of the Representation of the People Act, 1951, bans exhibition of the election symbol within 100 meters periphery on polling day and therefore some symbols which resembles or is identical with the Human Body Part Cannot be hidden and can be misused by exhibition of such Human Body Part"

A complaint about this issue was reportedly filed with the ECI in 2018, but no decision was made. The petitioner filed additional complaints in March and June 2024, requesting the removal of symbols identical to human body parts to ensure fair elections.

The main questions raised were whether the ECI can allocate human body parts as election symbols and if doing so violates various laws and constitutional provisions related to elections.

The main reliefs that the petitioner had sought were - 

(a) Issue direction directing the Respondent No 1 to remove, freeze and cancel such election symbol which resembles looks similar to or is identical with the human body part.

(b) Issue such other appropriate writ or direction that may be deemed to be just and equitable in the facts and circumstances of the case and in the interest of justice.

The PIL was filed with the help of AOR Omprakash Ajit Singh Parihar. 

Case Details : SARGUJA SOCIETY FOR FAST JUSTICE Versus ELECTION COMMISSION OF INDIA AND ANR Diary No. - 31637/2024

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