Delhi HC Rejects BJP Leader's Plea Over Use of Party Symbol in Odisha Government Schemes Promotion

Delhi HC Rejects BJP Leader's Plea Over Use of Party Symbol in Odisha Government Schemes Promotion

Today, the Delhi High Court declined to consider a petition submitted by Bharatiya Janata Party (BJP) leader Jatin Mohanty. The plea sought directives to the Election Commission of India (ECI) urging action against the Biju Janata Dal (BJD) for allegedly utilizing the BJD party symbol, the conch, in the promotion of welfare schemes by the Odisha government.

The Division Bench, comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, conveyed that the Orissa High Court is the more suitable platform to address the issue. They suggested that the petitioner should pursue the matter by approaching the Orissa High Court.

“Go to Orissa High Court… That High Court will deal with it. Whatever grievance you  have, go and raise it there,” the Court remarked.

During the argument presented by Mohanty's counsel, highlighting the alleged use of public funds by the ruling party to promote its own interests, the Court responded by noting that such a practice is prevalent in every state.
 
Odisha BJP General Secretary Jatin Mohanty's plea contended that the government, in promoting its schemes through the media, was inappropriately utilizing the conch symbol, asserting that a political party's emblem should not be employed by the government.
 
Consequently, he requested the court to issue directives preventing the Biju Janata Dal (BJD) from employing its party symbol when publicizing these schemes through newspapers, TV channels, and other media outlets.
 
The argument put forth emphasized that utilizing the party symbol during the promotion of government schemes constitutes a violation of paragraph 16-A of the Election Symbols (Reservation and Allotment) Order, as well as the Model Code of Conduct designed for the guidance of political parties and candidates.
 
As the Court refused to entertain the case, the petitioner opted to withdraw the plea. The Court provided the petitioner with the liberty to approach a suitable High Court.
The petition had been filed by advocates Sanjiv Joshi and Surya Kanta Parhi.
 
 
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