Supreme Court Dismisses Plea to Restrict BJP from Using 'Kamal' Symbol

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Supreme Court Dismisses Plea to Restrict BJP from Using 'Kamal' Symbol

Team FS

06/Sep/2024

What's covered under the Article

Supreme Court Ruling: The Supreme Court dismissed a plea seeking an injunction against the BJP's use of the 'kamal' or lotus symbol, upholding the Madhya Pradesh High Court's decision.

Case Background: The appeal, filed by Jayant Vipat, challenged an earlier dismissal by the Madras High Court, which had found no merit in the plea.

Judicial Observations: The Supreme Court criticized the plea as being motivated by a desire for publicity and reaffirmed the high court's judgment.

On Friday, the Supreme Court dismissed a plea seeking to restrain the Bharatiya Janata Party (BJP) from using its symbol, the 'kamal' (lotus). The court upheld the decision of the Madhya Pradesh High Court, which had earlier rejected the petition.

The bench, consisting of Justices Vikram Nath and Prasanna B Varale, observed that the plea was filed with the intent of gaining publicity rather than presenting a substantive legal issue. "You want name and fame for yourself. Look at the plea, what is the kind of relief claimed by you? Dismissed," the bench remarked.

The Supreme Court was hearing an appeal from Jayant Vipat, who contested the Madras High Court's dismissal of his plea. The high court had determined that the plea lacked merit and was properly dismissed by the District Judge, Dewas, due to the default of requisite court fees. The high court also noted that the trial court had adequately considered all the grounds raised in the plea and found no legal errors.

Vipat’s plea argued that the BJP should not benefit from advantages provided to registered political parties under the People's Representation Act, 1951. However, both the high court and the Supreme Court found no legal basis for this argument.

The Supreme Court’s decision reinforces the previous judgments, rejecting claims against the BJP’s symbol and highlighting the legal process followed in dismissing the case.

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Supreme Court Dismisses Plea to Restrict BJP from Using 'Kamal' Symbol

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