The Supreme Court Today (Sept 6) refused to entertain a plea seeking injunction against Bharatiya Janata party (BJP) to restrain them from using ‘kamal’ or lotus as the party symbol. In March this year, Madras High Court also had dismissed a plea seeking directions to the ECI to cancel the allotment of the lotus flower symbol to the BJP.
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NEW DELHI: The Supreme Court declined to entertain a plea that sought an injunction against the Bharatiya Janata Party (BJP), aiming to prevent the party from using its signature symbol, the ‘kamal’ or ‘lotus’.
The Bench, composed of Justice Vikram Nath and Justice PB Varale, dismissed the petition outright, characterizing it as a publicity stunt.
“You want name and fame for yourself and also want to give us the fame as well. Look at the plea, what is the relief claimed by you?”
-the Court asked, challenging the petitioner’s motives.
The petitioner, Jayant Vipat, had initially filed a civil suit in 2022, seeking a declaration and injunction that the BJP should not be allowed to reap the benefits available to registered political parties under the Representation of the People Act.
Vipat contended that the BJP was allegedly violating the commitments it made to the Election Commission of India (ECI) during its registration as a national party.
In particular, Vipat called for an injunction that would prevent the BJP from using the lotus as its party symbol. However, his suit was dismissed on technical grounds by the civil court in October 2023.
After this dismissal, Vipat took his case to the Madhya Pradesh High Court, which also rejected his plea. These repeated legal setbacks ultimately led him to approach the Supreme Court.
It is not the first time such a petition has been filed against the BJP regarding the lotus symbol. In March of this year, the Madras High Court dismissed a similar plea filed by one T Ramesh.
Ramesh had sought directions to the ECI to revoke the allocation of the lotus flower as the BJP’s symbol. He argued that the lotus, being India’s “national flower,” should not be affiliated with any political party.
He further contended that allowing the BJP to use the symbol was “a disgrace to national integrity.”
However, the courts have consistently dismissed these claims, suggesting that the pleas lack substantial legal merit and appear to serve other purposes.
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