New Delhi: The Delhi High Court on Friday asked the Election Commission to give complete details of registration of the Aam Aadmi Party with it. Chief Justice B D Ahmed and Justice S Mridul directed the Election Commission to file an affidavit indicating the factual position of AAP’s registration.
The poll panel will have to state in its affidavit whether it acted in accordance with law while registering the party. Counsel for the respondent (EC) to file an affidavit indicating the factual position behind registration of AAP, Give us a short affidavit taking a stand that you acted in accordance with law, the bench said,
The court listed the matter for further hearing on May 8.The order came while hearing a plea by Hans Raj Jain, who has alleged that provisions of State Emblem of India (Prohibition of Improper Use) Act has been violated by AAP as its registration application contained the ‘chakra’ logo as depicted in the national flag.
During the proceedings, Election Commission said that it had received complaints against the registration of AAP and it had written to the party which had said that it will not be using the ‘chakra’ as an emblem/symbol.
It also said that the Act does not apply in this case as under the statute, the national emblem cannot be used for the purpose of any trade, business, calling or profession and a political party is more like a social organisation.
It also contended that it is not the competent authority to enforce the provisions of the Act, in case of violation. Under the Act, penalty for using national emblem for wrongful gain is imprisonment for upto two years or fine which may extend to Rs 5,000 or both.
Bureau Report
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