Election Commission to hear BJP leader's plea on cancellation of Congress’ 'hand' symbol on April 18

Just days to go for the Karnataka Assembly polls, where the ruling Congress is trying to retain the power, the Election Commission of India today said it will next week hear a petition seeking cancellation of the party's election symbol 'Palm of Hand'.

Chandra Bhushan Kumar, Deputy Election Commissioner, will hear the petition of a Delhi BJP leader on April 18. 

Ashwini Upadhyay, a Supreme Court lawyer and a BJP leader, had filed a petition before the poll panel on January 29 alleging that Congress' party symbol violates the Model Code of Conduct.

Upadhyay had met Chief Election Commissioner OP Rawat on January 29 and sought the cancellation of the Congress' election symbol. He had also submitted a letter to the Commission demanding the same. 

"Met CEC Mr. Rawat & ECI's Legal Advisor Mr. Mehadiratta for cancellation of Election Symbol Palm of Hand. Section 130 of the RPA (Representation of the People Act) & General Conduct 4 of Model Code of Conduct restricts exhibition of Election Symbol on Polling Day & particularly within 100 meters of Polling Station," Upadhyay had tweeted on January 29. 

In response to his letter, the EC has agreed to hear the plea in person at 3 pm on April 18. 

In a tweet today, Upadhyay said: "On 18.4.2018, ECI will hear Petition seeking cancellation of Election Symbol Palm of Hand, which had been illegally allotted to INC. As per Law & Model Code of Conduct, Part of Body can't be an Election Symbol & also a Person can't enter in Polling Booth with any Election Symbol."

In his letter to the Election Commission, Upadhyay had argued that the palm is an ‘inseverable’ part of the human body and it violates the model code of conduct. 

He had said that as per the Model Code of Conduct, which comes into effect after poll notification and is enforced by the Election Commission, the campaigning by all parties and candidates must stop 48 hours prior to the commencement of polling. The MCC also restricts the canvassing within 100 meters of polling station, he had said. 

“Since the election symbol of Indian National Congress is ‘Hand’, its candidates, supporters and agents always carry it, even when campaigning is stopped,” Upadhyay said in the his letter.

He had argued that the election symbol 'Palm of Hand', allotted to Indian National Congress, should be cancelled as its continuation would amount to “violation of Model Code of Conduct and Section 130 of the Representation of the People Act 1951 in every election.”

Met CEC Mr. Rawat & ECI's Legal Advisor Mr. Mehadiratta for cancellation of Election Symbol Palm of Hand. Section 130 of the RPA & General Conduct 4 of Model Code of Conduct restricts exhibition of Election Symbol on Polling Day & particularly within 100 meters of Polling Station pic.twitter.com/0mma7MNDdT

— Ashwini Upadhyay (@AshwiniBJP) January 29, 2018

On 18.4.2018, ECI will hear Petition seeking cancellation of Election Symbol Palm of Hand, which had been illegally allotted to INC. As per Law & Model Code of Conduct, Part of Body can't be an Election Symbol & also a Person can't enter in Polling Booth with any Election Symbol. pic.twitter.com/4apDA3phDp

— Ashwini Upadhyay (@AshwiniBJP) April 12, 2018