The Delhi High Court today sought a response from the Election Commission and Bahujan Samaj Party on a petition seeking cancellation of the election symbol 'Elephant' of the party.
Justice S Muralidhar asked the Commission and the party to file their responses on the petition filed by an NGO Common Cause pleading that the election symbol should be cancelled as Mayawati government in Uttar Pradesh has been misusing it by by installing, at government expenses, numerous statues of elephant at various public places in the state.
The NGO had approached the court after the EC refused to take action against the party for alleged misuse of the symbol and rejected the complaint filed by it against BSP.
Advocate Rohit Kumar Singh, appearing for the NGO, contended the EC had erred in holding that the petition was not maintainable on the ground that Uttar Pradesh government was not providing the information as to how many statues of 'Elephant' had been installed in the state.
"It is illogical and unjust to reject a petition on the ground that the other party had not provided the information sought by the Commission. Moreover, once it was clear to the Election Commission that several such statues had been erected at public expense, it was immaterial that the exact number and location of such statues were not known," he submitted.
"It is submitted that the reasoning given by the Election Commission of India while rejecting the petitioner's petition as non-maintainable is completely arbitrary, unreasonable and devoid of merit," he said.
The court, after hearing his plea, issued a notice to the EC and the party and posted the matter for further hearing to March 17.
The EC had on October 11 rejected the complaint filed by the NGO against BSP.
HC Seeks Reply on Cancellation of BSP Election Symbol
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