Today, a plea was filed in the Kerala High Court, asking the Government of India and the Election Commission of India to prevent 26 opposition political parties from using the acronym "I.N.D.I.A." as their alliance name for the upcoming 2024 Parliamentary elections.
A Division Bench Comprising Chief Justice A.J. Desai and Justice V. G. Arun adjourned the plea for hearing at a later date.
The petitioner, serving as the President of the Christian Association and Alliance for Social Action (CASA), a registered society, alleged that members of the opposition had established an alliance named I.N.D.I.A. The purpose, as claimed, was to contest against the BJP-led NDA in the 2024 parliamentary elections. The petitioner argued that this move was deceptive to the Indian electorate and amounted to undue influence.
The plea additionally contends that the utilization of the term I.N.D.I.A. was an effort to sow political discord and to deceive and polarize the voters.
The plea further argued that the term 'I.N.D.I.A.' represents a national symbol, and its commercial utilization is restricted without authorization from the Central Government or an authorized officer, as outlined in Section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950. Moreover, as per Section 4 of the Act, political parties, being associations or groups of individuals, are barred from employing such emblems or names.
The plea asserts that the actions of the political alliance aimed to manipulate voters by portraying other parties as anti-Indian. It further alleges that this tactic was an effort to disrupt the unity, public order, peace, and harmony within India. The plea contends that such actions run counter to the fundamental principles enshrined in the Constitution of India.
The petitioner in this case claimed to have submitted a representation to the Government of India and the Election Commission of India, urging them to take appropriate measures to prevent any political alliance from using the acronym I.N.D.I.A. The plea highlighted that, as of now, no actions have been taken in response to these representations.
Consequently, the petitioner approached the High Court seeking an order to the Election Commission of India and the Government of India, urging them to prohibit political alliance parties from utilizing the acronym I.N.D.I.A. The petitioner also seeks a declaration that no political party in India can adopt the acronym I.N.D.I.A. as the name for their political party or alliance.
Case Name: Kevin Peter Thomas v Union of India
WPC 41078/2023
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