The Delhi High Court on Friday rejected a plea filed by BJP leader Jatin Mohanty, seeking action against the Biju Janata Dal (BJD) government in Odisha for using its party symbol, the ‘conch,’ while promoting government 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.
A bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora, remarked, “Why are you here? Go to Odisha and raise it before the appropriate court.” It emphasized that the issue is not unique to one state and is a common occurrence across states.
As the bench was not inclined to entertain the plea, Mohanty’s counsel sought the liberty to withdraw the petition and file it before a court having jurisdiction over the issue, which was granted.
The petitioner alleged arbitrary use and misuse of public funds by the BJD, claiming that the party used the ‘Conch’ symbol in advertisements for various state government schemes in Odisha newspapers, TV channels, buses, and social media platforms, resulting in the misuse of crores of public money. According to information obtained by an RTI activist, the party purportedly spent Rs 378 crore on advertisements in the last five years.
When Mohanty’s counsel urged the high court to direct the Election Commission of India to decide on its November 10, 2023 representation against the State of Odisha and BJD, the bench insisted that the advertisements were issued in Odisha, and therefore, he should approach the court there. The bench emphasized, “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.”
In the representation given to the ECI, the petitioner sought to direct the BJD and the state government to comply with relevant directives of the Supreme Court and the procedure for the election symbols (reservation and allotment) order and the model code of conduct for the guidance of political parties and candidates.
The plea also requested the court to direct the ECI to take appropriate legal action against BJD for allegedly violating the election symbols (reservation and allotment) order, 1968, and the model code of conduct. Additionally, it sought to restrain the state government from making further advertisements of welfare schemes using the party symbol and urged the court to direct the ECI for the recovery of the alleged misuse of public money in the name of advertisement.
