New Delhi: If a recently received request by the Election Commission of India is acted upon, the Indian National Congress may soon be left looking for an alternate party symbol as the much famed ‘hand symbol’ allegedly violates the Model Code of Conduct.
The letter, which has been addressed to the Chief Election Commissioner of India, Dr Nasim Zaidi, has also been addressed to Prime Minister Narendra Modi and Union Law Minister Ravi Shankar Prasad.
The complainant, advocate Ashwini Upadhyay, has stated that the Model Code of Conduct, which is enforced by the Election Commission, before the election commences and continues until completion of poll, provides that campaigning shall stop 48 hours prior to commencement of polling and also restricts the canvassing within 100 meters of polling station. However, “since the election symbol of Indian National Congress is ‘Hand’, its candidates, supporters and agents always carry it, even when campaigning is stopped.”
The complainant has also alleged that contesting candidates, supporters and agents of the Indian National Congress misuse the election symbol ‘Palm of Hand’ “even inside the polling booths by gesturing and showing the preference for the voting.”
“Every time a candidate of the said party or his supporter passes through voters in public gathering, they use ‘Palm of Hand’ to solicit vote for Congress candidate, not only prior to the polling, even on the polling day within the 100 meters,” stated Upadhyay.
Upadhyay has written that complaints made to Presiding Officers at Polling Stations regarding this such misuse of election symbol ‘Palm of Hand’ have never yielded any result.
Under Rule 5 of the Conduct of Election Rules 1961, Election Commission specifies the election symbols for national political parties, state parties and independent candidates.
The complainant has also laid down the history of election symbols allotted to the Congress Party.
The complaint mentions, “Election Commission allotted election symbol 'Pair of Bullock carrying Yoke' to Indian National Congress and it successfully contested the first four general elections with this symbol. After internal split, Congress contested fifth general election with election symbol 'Cow and Calf' and after another internal split, the Election Commission allotted election symbol ‘Palm of Hand’ to Indian National Congress.”
The complaint finds basis on the fact that ‘Palm of Hand’ is the only election symbol, which is part of human body and “incapable of being kept away from the body at any point of time”.
Hence, the complainant has prayed that the election symbol allotted to Indian National Congress is 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.”
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