New Delhi: Ashwini Kumar Upadhyay, a noted advocate, has formally requested the Chief Election Commissioner, Sh. Rajiv Kumar, to seize the 'Palm of Hand' election symbol currently allotted to the Indian National Congress. The request, detailed in a letter addressed to the Election Commission of India, claims that the symbol's inherent visibility compromises the integrity of the electoral process.
Upadhyay argues that the 'Palm of Hand' symbol, being an inseparable part of the human body, is continuously displayed by Congress candidates and their supporters, including within the restricted 100-meter periphery of polling stations and even on the day of polling. This, he asserts, constitutes a direct violation of the Model Code of Conduct and the Representation of the People Act 1951, which both mandate a cessation of all campaign activities 48 hours prior to polling.
The complaint highlights several instances where no action was taken against alleged violations by Congress representatives, despite repeated complaints to the authorities. The letter references past incidents, including a 2007 case involving Sh. Ram Babu Sharma, then President of the Delhi Pradesh Congress Committee, where the State Election Commission ultimately issued only a warning despite similar violations.
Upadhyay's petition underscores a broader concern about the fairness of elections, suggesting that the Election Commission's refusal to reconsider the symbol's appropriateness perpetuates potential misconduct. He calls for immediate action to uphold the spirit of free and fair elections as outlined in the Constitution of India and enforced by the Election Commission under Article 324.
The Election Commission has yet to respond to the petition. The matter raises significant questions about the use of election symbols that are inherently visible and could influence voter behavior unduly.
