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High Court asks election commission, was registration of AAP done lawfully?

The Delhi High Court bench of Acting Chief Justice B.D. Ahmed and Justice Siddhart Mridul on 21st March directed the election commission of India to file a short official affidavit indicating whether it had acted in accordance with law while granting registration the Aam Aadmi Party.

The Court orders came during the hearing on the plea filed by advocate Hansraj Jain seeking cancellation of registration of the AAP.

The plea made charges on AAP that it has used the ‘Ashoka Chakra’ as a part of its symbol while filing an application for registration before the Election Commission.

According to Jain, the symbol using Ashoka Chakra violated the provisions of the State Emblem of India (Prohibition of improper use) Act 1950 even alleging Election Commission, that it has hurriedly granted registration to the party without following the procedure.

Election Commissions Stand in this case

March 2014 – Lawyer for Election Commission in above case said a political party was a ‘social organisation’ and not a trade or profession prohibited from using rational symbols as part of their emblem under the Act.

Also in March 2013 – while issuing the registration to AAP the Election Commission directed the party not to use the National Emblem, the Ashoka Chakra or any part in their letterhead, or any other party materials in view of the Emblems and Names (Prevention of improper use) Act, 1950 and even AAP accepted this direction.

What is actually mentioned in this Act?

The Emblems and names (Prevention of improper use) Act, 1950.

The main purpose of this act is to prevent improper use of certain emblems and names for professional and commercial purposes.

Under this act ‘Emblem’ means any emblem, seal, flag, insignia, coat-of-arms or pictorial representation specified under this part.

No person shall use the emblem for the purpose of any trade, business calling or profession without prior permission of the Central Government or any other officer authorised by Central Government.

The Central Government prescribes the cases and condition for the use f Emblem.

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