'Politically motivated': INC challenges PIL seeking to restrain opposition from using 'INDIA' acronym

New Delhi [India], April 9 : The Indian National Congress (INC) has filed a counter affidavit in the Delhi High Court opposing a public interest litigation (PIL) moved for direction to prohibit the use of the acronym INDIA (Indian National Developmental Inclusive Alliance) by opposition coalition and called it a politically motivated plea.
"Petitioner has deliberately suppressed the fact that he is closely associated with Vishwa Hindu Parishad and a perusal of the pleadings makes it amply evident that one of the motives of filing this Petition is to bolster his political affiliation," the Congress party alleged through the affidavit.
The affidavit stated that Vishwa Hindu Parishad is an Indian Right-Wing Organisation which is a part of the "Sangh Parivar" and affiliated with the Rashtriya Swayamsevak Sangh, whose political arm is the Bharatiya Janta Party (BJP).
Congress further alleged in its affidavit that Petitioner has 'failed to establish the very basis of the Petition, that the name of the alliance has caused confusion amongst voters and misled them into voting for the alliance solely based on the acronym and 'as a matter of national duty'.
The petitioner has also failed to provide any evidence with respect to the use of 'INDIA' as an acronym for an alliance as the "diminishing goodwill" of the nation in global politics. Petitioner has 'failed to even point to any judicial precedent or any provision in the Constitution that bars political parties from having the acronym of the name of their alliance, 'INDIA', stated Congress.
It further mentioned that the PIL has failed to provide any evidence of the supposed harms that have allegedly accrued the alliance being 'INDIA', nor has the Petitioner been able to show any provision in the law which estops the Respondent parties from adopting the said name and acronym.
Last week the Delhi HC granted the last opportunity to all respondents to file their responses on a Public Interest Litigation (PIL) moved for direction to prohibit the use of the acronym INDIA (Indian National Developmental Inclusive Alliance) by opposition political alliance.
Recently, the Election Commission of India (ECI) in its reply to the Delhi HC said that it can't regulate political alliances while responding to a plea against the use of the INDIA acronym for the alliance of opposition parties.
"The answering respondent (ECI) is constituted under Article 324 of the Constitution of India for superintendence, direction and control of the conduct of all elections to parliament, state legislatures and the offices of president and vice president," the ECI stated.
The authority of the answering respondent is to be exercised in accordance with the law passed by the parliament albeit the answering respondent has the authority to regulate matters concerning elections in the absence of any contrary law in force.
ECI further added "The answering respondent has been vested with the authority to register associations of bodies or individuals of a political party in terms of Section 29A of the Representation of People Act, 1951 (the "RP Act")."
Notably, political alliances are not recognised as regulated entities under the RP Act or the Constitution.
Earlier the Delhi HC had sought a response from the Centre, the ECI and several opposition political parties on a Public Interest Litigation (PIL) for direction to opposition political parties to prohibit the use of the acronym INDIA (Indian National Developmental Inclusive Alliance) for their political alliance, stated ECI
Earlier, the Delhi High Court had sought a response from the Centre Government through the Ministry of Home Affairs (MHA), Ministry of Information and Broadcasting and Election Commission of India (ECI).
However, in the matter, the court also sought responses from opposition parties named on the petition including Indian National Congress, TMC, RLD, JDU, Samajwadi Party, DMK, Aam Aadmi Party, JMM, NCP, Shiv Sena (UBT), RJD, Apna Dal (Kamerawadi), PDP, JKNC, CPI, CPI (M), MDMK, Konganadu Makkal Desia Katchi (KMDK), Viduthalai Chiruthaigal Katchi, Indian Union Muslim League, Revolutionary Socialist Party, Communist Party of India (Marxist-Leninist) Liberation, All India Forward Bloc, Kerala Congress (Joseph), Kerala Congress (Mani) and Manithaneya Makkal Katchi (MMK).
Petitioner Girish Upadhyay through Advocate Vaibhav Singh stated that several political parties use the national flag as the logo of their alliance which is a further strategic move to attract and gain sympathy and votes of the innocent citizens and as a tool to give a nudge or a spark which may lead to political hatred which eventually will lead to political violence.
INDIA is an acronym for Indian National Developmental Inclusive Alliance, which is an opposition front announced by the leaders of 26 parties to take on the BJP in next year's elections, stated the petitioner.
The plea alleged that political parties are using the acronym INDIA with malicious intent which will only act as a factor for diminishing the goodwill of our great nation i.e., India (Bharat), not only in our country but also on various international platforms.
The plea stated that if the term INDIA is used by the Indian and International Media as an acronym but not in its full form (Indian National Developmental Inclusive Alliance) it will create a sense of confusion among innocent citizens if the alliance i.e. INDIA (Indian National Developmental Inclusive Alliance) is defeated or loses the general election of 2024 then it would be projected as India as a whole is defeated, which will hurt the sentiment of innocent citizens of the country again which may lead to political violence in the country.
The act of these political parties may adversely affect the peaceful, transparent and fair casting of votes during the upcoming general election of 2024 which may expose the citizens to unwarranted violence and also affect the law and order of the country, plea added.