Delhi High Court Dismisses BJP Leader’s Petition Against BJD’s Use of Party Symbol in Welfare Scheme Advertisements

The Delhi High Court on Friday, January 12, 2024, rejected a plea by Jatin Mohanty, the general secretary of BJP in Odisha, seeking action against the Biju Janta Dal (BJD) government for using its party symbol of ‘conch’ while promoting the government’s welfare schemes in advertisements. The court questioned the petitioner for approaching it instead of going to the Orissa High Court when the advertisements were being issued there. The court also said that the issue was not unique to one state and that it was the story of every state now.

Background of the case

The petitioner alleged that there was arbitrary use and misuse of public funds by the BJD which was indulging in advertising various state government schemes, using the ‘conch’ symbol in Odisha newspapers, TV channels, buses and social media platforms resulting in misuse of crores of public money. He claimed that as per information received by one RTI activist, the party had spent Rs 378 crore on advertisements in the last five years. He also sought to direct the BJD and the state government to comply with the relevant directives of the Supreme Court and the procedure for election symbols (reservation and allotment) order and the model code of conduct for the guidance of political parties and candidates.

Court’s observations

The bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora said that the matter fell within Odisha’s jurisdiction and advised the petitioner to approach the Orissa High Court. “Why are you here? Go to Odisha and raise it before the appropriate court,” the bench remarked. It also said that it was not inclined to entertain the plea and granted liberty to the petitioner to withdraw it and file it before a court having jurisdiction over the issue. The bench also displayed a disinclination to direct the Election Commission of India (ECI) to decide on the representation made by the petitioner against the State of Odisha and BJD. “You go there, they will decide. Everyone is coming here, we are not here to decide everything. Go to Orissa High Court, don’t come to Delhi High Court. Forum convenience is Orissa,” the bench said.

Case details

The case title is Jatin Mohanty v. Election Commission of India & Ors. The case number is W.P.(C) 1234/2024. The case was heard by a division bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora on January 12, 2024.