Supreme Court rejects PIL seeking directions to the ECI to restrain the use of Body Parts as an Election Symbol by Political Parties

Today, the Supreme Court (SC) dismissed a PIL (Public Interest Litigation) seeking directions to the ECI (Election Commission of India) to restrain the use of any body part as an election symbol by political parties. The PIL was filed by Advocate-on-Record Omprakash Ajit Parihar who sought the SC’s decision on whether the ECI can allot human body parts as symbols and whether such allotment violates Article 324 of the Constitution of India, the Representation of the People Act, General Clauses Act and Conduct of Election Rules. Other major reliefs sought by the petitioner include:

• “Issue direction directing Respondent No 1 (ECI) to remove, freeze, and cancel such election symbol which resembles looks similar to or is identical with the human body part.
• Issue such other appropriate writ or direction that may be deemed to be just and equitable in the facts and circumstances of the case and in the interest of justice.”

During the proceedings, the SC bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra refused to entertain the petition observing that the PIL is directly intended to target the election symbol of INC (Indian National Congress). CJI said, “What kind of a petition is this? you cannot have an eye, you cannot have a nose, you cannot have a hand. The purpose of this is to get rid of the hand (symbol).” 

Further, the petitioner argued that election symbols of political parties resembling human body parts could violate election rules. He added, “The Model Code of Conduct clearly describes the cessation of an election campaign before 48 hours of the polling and Section 130 of the Representation of the People Act, 1951, bans exhibition of the election symbol within 100 meters periphery on polling day and therefore some symbols which resembles or is identical with the Human Body Part Cannot be hidden and can be misused by an exhibition of such Human Body Part.” 

As per the petitioner, a complaint regarding the same was filed in 2018, but no decision was made. He added that additional complaints were further filed in March and June 2024 requesting to remove election symbols resembling human body parts to ensure fair elections. However, the SC bench today refused to entertain the petition.