Justice Rajiv Sahai Endlaw’s ‘request’ to the EC came as he disposed of an NGO’s plea seeking derecognition of the party symbol of Bahujan Samaj Party (BSP) for allegedly using public money, while in power, to set up statues of ‘elephants’ across the state.
The court noted that there was a lacuna in the election symbols law allowing a recognised political party to continue using its symbol till it was de-recognised and this lacuna, as per NGO Common Cause, was exploited by the Mayawati-led party.
The judge also noted that EC till now has not issued any express direction prohibiting recognised political parties from doing what BSP was accused of and asked the poll panel to consider coming
out with the guidelines in three months.
“I, therefore, dispose of this petition with a request to EC to within a period of three months, consider issuing appropriate direction/guideline within the meaning of clause 16A(b) of the Symbols Order preventing recognised political party in power from using public places and public funds for propagating its reserve symbol and/or its leaders, so as to come in the way of conducting of free, fair and peaceful election and to safeguard the interest of the general public and the electorate in future,” the court said.
The court in its 26-page judgement further said that there is “no power in ECI under Symbols Order, to withdraw/ freeze an election symbol once allotted and/or reserved for a recognised political party and the only manner in which the symbol once allotted/reserved is lost, is on loss of recognition”.
Referring to the allegations against BSP, the court said since EC till now has not issued any express instruction prohibiting recognised political parties from doing what BSP was accused of, the party “should not be caught unaware and no case for proceeding against BSP for withdrawal of recognition is made out”.
The court in its judgement also said that after the EC issues the guidelines, within three months it should “consider whether the actions already done by BSP and as complained of by the petitioner (NGO) are in violation of the said guidelines and if it finds so, to give an opportunity to BSP to undo the same.”
It said that if BSP does not avail of the opportunity, then EC has to “initiate proceedings under the Symbols Order for withdrawal of recognition”.