Delhi HC Directs Opposition Alliance to Respond Within a Week to PIL Challenging Use of 'INDIA' Acronym

Delhi HC Directs Opposition Alliance to Respond Within a Week to PIL Challenging Use of 'INDIA' Acronym

The Delhi High Court has directed the opposition alliance to submit its response within one week to a public interest litigation (PIL) that questions the legitimacy of using the acronym INDIA (Indian National Developmental Inclusive Alliance) by the alliance.

The division bench, comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, emphasized that the opposition alliance must promptly submit its response to the PIL, stating that this will be the ultimate chance for them to do so. Furthermore, the bench declared that the case would be heard and resolved on April 10th.

The Court issued the order following an application from petitioner Girish Bhardawaj requesting an expedited hearing of the case. Bhardawaj argued that although the PIL was filed back in August 2023, it remains at the stage of completing pleadings. He emphasized that with the election schedule already announced and the first phase of voting scheduled for April 19th, timely resolution of the matter is crucial.

Advocate Vaibhav Singh, representing the petitioner, highlighted that despite being given eight opportunities, both the opposition parties and the Central government have failed to submit their responses. The Court acknowledged that the next hearing is already scheduled for April 10th. Consequently, it dismissed the urgent hearing application but instructed the opposition parties and the Central government to file their replies within a week.

The Court emphasized that it would be the ultimate and conclusive chance for the respondents to submit their replies to the petition. Bhardawaj's PIL contends that the opposition parties are exploiting the name of INDIA for their own gain, potentially disrupting the peaceful, transparent, and fair conduct of the upcoming 2024 general elections.

Bhardawaj further asserted that the utilization of the name INDIA is prohibited under Sections 2 and 3 of The Emblems and Names (Prevention of Improper Use) Act 1950. In August 2023, the High Court had issued notices to 26 opposition parties and the Election Commission of India (ECI) regarding this matter. While the ECI submitted its response, stating its inability to regulate political alliances, the opposition parties have yet to respond to the plea.

During the last two hearings on March 20th and February 12th, no significant developments occurred in the PIL. Some of the parties orally informed the Court that they believe the PIL is not maintainable. However, despite these hearings, the opposition parties have still not filed their replies to the petition.

In his application for an early hearing, Bhardawaj contended that despite the PIL being pending since August 2023, it remains at the stage of completing pleadings due to the alleged mala fide conduct of the opposition parties and the Central government. He argued that the delay in proceedings is solely attributable to their failure to file their replies.

 

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