The Delhi High Court on Tuesday ordered that the opposition alliance should file its response within a week to the public interest litigation (PIL) challenging the use of INDIA (Indian National Developmental Inclusive Alliance) acronym by the alliance.A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that this would be the last and final opportunity for the alliance to respond to the PIL and that the matter would be heard and disposed of on April 10.The Court passed the order after the petitioner Girish Bhardawaj had filed an application for early hearing of the matter.The petitioner argued that the PIL was filed in August 2023 but it is still at the stage of completion of pleading. He said that the election schedule has already been announced and the first phase of voting is on April 19.Advocate Vaibhav Singh appeared for the petitioner and said that eight opportunities have been given to the opposition parties and the Central government to file replies but they have not done anything.The Court noted that the next date of hearing is already fixed for April 10. It, therefore, dismissed the urgent hearing application but said that the opposition parties and the Central government shall file their replies within a week.The Court underscored that this would be the last and final opportunity for the respondents to file their replies to the petition.The PIL filed by Bhardawaj has argued that opposition parties are using the name of INDIA for their selfish act and it may "adversely affect the peaceful, transparent and fair casting of votes during the upcoming general elections of 2024".He said that the use of the name INDIA is prohibited under Sections 2 and 3 of The Emblems and Names (Prevention of Improper Use) Act 1950. The High Court had in August 2023 issued notices to the 26 opposition parties and the Election Commission of India (ECI). While the ECI filed its response stating that it cannot regulate political alliances, the opposition parties are yet to respond to the plea.Some of the parties have orally told the Court that the PIL is not maintainable.In the last two hearings on March 20 and February 12, nothing significant happened in the PIL and the opposition parties are yet to file their replies.In his early hearing application, Bhardawaj argued that even though the PIL has been pending Since August 2023, it is still at the stage of completion of pleadings and delay is solely because of the mala fide conduct of the opposition parties and the Central government who have failed to file their replies.“That due to the mala fide conduct of the respondents the petitioner/applicant is being made to indefinitely wait to argue the present case, which indeed is causing grave and irreparable loss to the petitioner/applicant as the respondent political parties are using the name of the nation to gain political milage,” the application argued.
TAGS: Delhi High Court Opposition Alliance Public Interest Litigation INDIA acronym Election Schedule Urgent Hearing
