Opposition’s INDIA | Delhi HC to Decide PIL Against Use of INDIA Acronym on April 10

The Delhi High Court Today (April 2nd) issued an order directing the opposition alliance to submit its response within seven days to the public interest litigation (PIL) contesting the utilization of the acronym INDIA (Indian National Developmental Inclusive Alliance) by the alliance.

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Opposition's INDIA | Delhi HC to Decide PIL Against Use of INDIA Acronym on April 10

NEW DELHI: The Delhi High Court has issued a directive, mandating that the opposition alliance submit its response within a week to a public interest litigation (PIL) contesting the use of 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, declared that this would mark the final opportunity for the alliance to address the PIL, with the case scheduled for hearing and disposition on April 10. This ruling came in response to an application by petitioner Girish Bhardawaj seeking an expedited hearing.

Bhardawaj asserted that despite the PIL being filed in August 2023, it remains at the stage of pleading completion, highlighting the imminent commencement of the election schedule, with the first phase of voting slated for April 19.

Representing the petitioner, Advocate Vaibhav Singh emphasized that despite eight opportunities extended to both the opposition parties and the Central government to file responses, no action has been taken.

While acknowledging that the next hearing date is already set for April 10, the Court rejected the plea for an urgent hearing but mandated that the opposition parties and the Central government submit their replies within a week.

Emphasizing the gravity of the situation, the Court underscored that this would serve as the final opportunity for the respondents to address the petition.

Bhardawaj’s PIL contends that opposition parties’ use of the name INDIA serves self-serving interests and could

“adversely affect the peaceful, transparent, and fair casting of votes during the upcoming general elections of 2024.”

The petitioner cites Sections 2 and 3 of The Emblems and Names (Prevention of Improper Use) Act 1950, which prohibit the use of the name INDIA.

Opposition's INDIA | Delhi HC to Decide PIL Against Use of INDIA Acronym on April 10

In August 2023, the High Court issued notices to 26 opposition parties and the Election Commission of India (ECI). While the ECI responded, stating its inability to regulate political alliances, the opposition parties are yet to respond.

Some parties orally contested the maintainability of the PIL.

Despite hearings on March 20 and February 12, no significant progress has been made, with the opposition parties still to submit their replies.

In the plea for an early hearing, Bhardawaj argues that the delay, which has persisted since August 2023, is solely due to the mala fide conduct of the opposition parties and the Central government, who have failed to respond.

“The petitioner/applicant is being made to indefinitely wait to argue the present case, which indeed is causing grave and irreparable loss…as the respondent political parties are using the name of the nation to gain political mileage,”

-the application contends.

Click Here to Read Previous Reports of Delhi High Court

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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