Oppn parties accused of improper use of ‘India’ in alliance formation, legal action sought

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A police complaint has been registered at Delhi’s Barakhamba Police Station against 26 opposition parties, accusing them of improper use of the name of ‘India’ and employing it for undue influence and personation during elections.

The complaint, filed by Avinish Mishra, a resident of Delhi, calls for action to be taken against these political parties.

The 26-year-old Mishra has alleged that the 26 opposition parties including the Congress, TMC, DMK, NCP, PDP, RLD among others, have been exploiting the name of India for their political advantage, potentially misleading voters and engaging in activities that could compromise the integrity of the electoral process.

In his complaint, accessed by IANS, Mishra stated that the 26 political parties formed an alliance and decided to name it ‘INDIA,’ claiming that the abbreviation stood for ‘Indian National Development Inclusive Alliance.’

Mishra pointed out that the Emblems and Names (Prevention of improper use) Act, 1950, prohibits the use of certain names specified in its schedule. “Notably, Point 6 of the schedule lists the name of the Union of India, making the use of the name ‘INDIA’ prohibited,” he stated in his complaint.

The complaint also highlights that Section 2(c) of the Emblems Act defines “name” to include any abbreviation of a name. Additionally, Section 5 of the Emblems Act provides for punishment, including a fine of up to five hundred rupees, for contravening the provisions of Section 3.

Mishra said that the opposition parties have contravened Section 3 of the Emblems Act by using the name ‘INDIA’ as the name of their political alliance and are therefore liable to be punished under Section 5.

He stated that by naming their alliance ‘INDIA’ for electoral purposes, specifically to contest the general elections in 2024, these parties have attempted to unduly influence the Indian electorate by personifying their alliance as the nation itself.

Mishra claimed that this act makes them liable for prosecution under Section 171F of the Indian Penal Code, 1860.

He stated in his complaint that the political parties’ choice to name their alliance ‘INDIA’ has hurt the sentiments of all Indians who identify themselves as citizens of ‘INDIA.’

Mishra believes that such an act may disturb public order, peace, and tranquility in the country. He stated that the parties’ actions are intended to gain undue political influence by misrepresenting their alliance before the Indian electorate.

A Barakhamba Police Station official confirmed the receipt of the complaint and said that they are looking into the complaint.

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