Delhi HC seeks response on cancellation of BSP election symbol

The Delhi High Court on Wednesday sought a response from the Election Commission and Bahujan Samaj Party on a petition seeking cancellation of the election symbol `Elephant` of the party.

Last Updated: Dec 15, 2010, 21:39 PM IST

New Delhi: The Delhi High Court on Wednesday
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.

PTI