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Delhi High Court refuses to advance hearing on plea against opposition parties acronym INDIA

The Delhi High Court today refused an early hearing on a plea against the opposition parties acronym INDIA. The court ordered the opposition bloc to file its response within a week to the plea.

A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora stated that this would be the last and final opportunity for the alliance to respond to the plea and that the matter would be heard and disposed of on April 10.

The High Court passed the order after the petitioner Girish Bhardawaj had filed an application for early hearing of the matter. The petitioner noted that the plea was filed in August 2023 but it is still at the stage of completion of pleading. He added that the election schedule has already been announced and the first phase of voting is on April 19.

Appearing for the petitioner, Advocate Vaibhav Singh said that eight opportunities have been given to the opposition parties and the Centre to file replies but they have not done anything. The Court mentioned that the next date of hearing is already fixed for April 10. 

Consecutively, it dismissed the urgent hearing application but said that the opposition parties and the Central government shall file their replies within a week. The Court remarked that this would be the last and final opportunity for the respondents to file their replies to the petition.

The plea filed by Bhardawaj has argued that opposition parties are using the name of INDIA for their selfish act and it may adversely affect the peaceful, transparent and fair casting of votes during the upcoming general elections of 2024. He pointed out that the use of the name INDIA is prohibited under Sections 2 and 3 of The Emblems and Names (Prevention of Improper Use) Act 1950. 

The Delhi High Court had in August 2023 issued notices to the 26 opposition parties and the Election Commission of India (ECI). While the Election Commission filed its response stating that it cannot regulate political alliances, the opposition parties are yet to respond to the plea. Some of the parties have verbally told the court that the PIL is not maintainable.

During the previous hearings, nothing significant happened in the plea and the opposition parties are yet to file their replies.

Bhardawaj in his early hearing application argued that even though the plea has been pending since August 2023, it is still at the stage of completion of pleadings and delay is solely because of the mala fide conduct of the opposition parties and the Centre who have failed to file their replies.

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