GANDHIYAWATHI T. RAMESH Vs. CHIEF ELECTION COMMISSIONER

JUDGEMENT

(1.) This is a Public Interest Litigation filed by the Petitioner, who claims to be the Founder-President of a Political party viz., Ahimsa Socialist Party, bearing Registration No.56/102/2016-17/PPS-I.

(2.) It is the case of the Petitioner that the 2nd Respondent, viz., the Bharatiya Janata Party is allotted with the Lotus symbol. The Lotus is the National Flower of India. As per Sec. 5 of the Election Symbols (Reservation & Allotment) Order, 1968 some symbols are exclusively allotted for the recognized Political parties and there are free symbols that are available to be allocated to unrecognized parties and independent Candidates. It is unjust to allot the National Flower to a Political party, as the Lotus symbol represents the nation. The symbol is also a sacred Religious symbol, therefore, it cannot be included in the List of Symbols. Thus, the allotment leads to unfair advantage and the election will not be free and fair and thus, would be violative of Article 14 of the Constitution of India. When the Petitioner made a Representation, dtd. 27/9/2023, non-consideration thereof is also illegal. Hence, the present Writ Petition.

(3.) An Additional Affidavit is also filed on behalf of the Writ Petitioner. It is contended that the action is illegal as per Sec. 3 of the State Emblem of India (Prohibition of Improper Use) Act, 2005. It is further averred that the Lotus flower is auspicious to almost all the Indian religions such as Hinduism, Buddhism, Jainism and Sikhism. Hindu deities Vishnu, Shiva, Brahma, Ganesha, Durga, Kali, Saraswathi and Lakshmi are portrayed on a Lotus in iconography. Lord Vishnu in the Hindu religion is described as "Lotus-eyed". Bhagavad Gita contains a version, by which it can be seen that the Lotus flower is sacrosanct. The Baha-i-Faith Community has also adopted the Lotus as their symbol in the design of the Lotus Temple built in New Delhi. Therefore, the use of the Religious symbol would be a corrupt practice as per Sec. 123(3) of the Representation of Peoples Act, 1951.