The Delhi High Court on Friday refused to entertain a plea filed by Bharatiya Janata Party (BJP) leader Jatin Mohanty seeking directions to the Election Commission of India (ECI) to act against Biju Janata Dal (BJD) for using the BJD party symbol of conch while promoting the Odisha government’s welfare schemes.A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora said that the Orissa High Court is the appropriate forum to deal with the matter and that the petitioner should approach the Orissa High Court.“Go to Orissa High Court… That High Court will deal with it. Whatever grievance you have, go and raise it there,” the Court remarked.
When the counsel for Mohanty argued that the ruling party was using public money to promote its party, the Court replied that this practice is going on in every State."That is the story in each State. It is not unique to one State. It is happening everywhere," the Court remarked.The plea filed by Odisha BJP General Secretary Jatin Mohanty said that a political party’s symbol cannot be used by the government whereas the Odisha government, while promoting its schemes in the media, was using the conch symbol.He, therefore, sought directions to restrain the BJD from using its party symbol while advertising such schemes in newspapers, TV channels and other media.It was argued that using the symbol while promoting government schemes amounts to a violation of paragraph 16-A Election Symbols (Reservation and Allotment) Order as well as Model Code of Conduct for the Guidance of Political Parties and Candidates.
Since the Court declined to entertain the matter, the petition was withdrawn.The Court granted the petitioner the liberty to approached the appropriate High Court.The petition had been filed through advocates Sanjiv Joshi and Surya Kanta Parhi.
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