To, Dated: 29.1.2018 The Chief Election Commissioner and the Election Commissioners, Election Commission of India, New Delhi-110001. Subject: To cancel the election symbol Palm of Hand Respected Sir, 1. Superintendence, direction and control of the election is vested in the Election Commission of India and under Article 324 of the Constitution, it has complete autonomy and plenary power to take appropriate steps, essential to ensure free and fair election in the Country. It is pertinent to state that free and fair election is essential to achieve the great golden goals as set out in Preamble of the Constitution of India. 2. Section 130(1)of the Representative of the People Act, 1951, inter-alia reads as under: (1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred meters of the polling station, namely:- (a) canvassing for votes; or (b) soliciting the votes of any elector; or (c) persuading any elector not to vote for any particular candidate; or (d) persuading any elector not to vote at the election; or (e) exhibiting any notice or sign relating to the election. 3. General Conduct (4) of the Model Code of Conduct is as thus: All parties and candidates shall avoid scrupulously all activities which are corrupt practices and offences under the election law, such as bribing of voters, intimidation of voters, impersonation of voters, canvassing within 100 meters of polling stations, holding public meetings during period of 48 hours ending with the hour fixed for the close of the polls and transport & conveyance of voters to and from polling station. 4. The Election Commission allotted the election symbol Pair of Bullock carrying Yoke to Indian National Congress and it contested the first four general elections with this symbol.
5. After an internal split, the Election Commission allotted the election symbol Cow and Calf to Indian National Congress. 6. After another internal split, the Commission allotted the election symbol Palm of Hand to Indian National Congress. 7. It may be relevant to note the following facts, which are gleaned from referring to the Election Symbols Order, 1968 and the Handbook of Symbols available at the official website of the Election Commission of India. (http://eci.nic.in/eci_main/electorallaws/handbooks/hand BOOK%20OF%20SYMBOLS.pdf). a. As per Table I of the Handbook, there are 6 National Parties with Symbols, of which is only one is a body part, i.e. the Palm of Hand allotted to Congress party. b. As per Table II of the Handbook, there are more than 75 Symbols of State Parties, and not one of them is a body part. c. As per Table III of the Handbook, there are 75 Free Symbols of the Election Commisson, and not one of them is a body part. 8. As a result, the Palm of Hand is the only election symbol, which is a part of the human body, and therefore available as an inseverable part of the human body at any point of time. 9. The Model Code of Conduct clearly describes the cessation of 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. However, election symbol Palm of Hand allotted
to Indian National Congress is such that it is been misused even after election campaigning has come to an end. 10. That even without resorting to any kind of election campaigning by the candidate of the Indian National Congress, it goes on unabated. Every time a candidate of the Congress 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 and also within the 100 meters periphery. 11. The agents appointed by Congress candidates, brazenly solicit vote for Congress candidates by showing Palm of Hand to voters on polling day within the polling premises.applicant has observed such violation of the Model Code of Conduct and Section 130 of the Representation of the People Act 1951. 12. Applicant lodged oral complaint to the Presiding Officer of polling booths on polling day itself (26.11.2017), after witnessing brazen violations of the Model Code of Conduct and the Section 130 of the Representation of the People Act, 1951, by the Indian National Congress candidates, its agents and supporters. However, the Presiding Officer did nothing to stop them from indulging in their illegal activities. 13. The reply of the Presiding Officer was that he is helpless in this matter as the election symbol Palm of Hand is part of the human body and cannot be detached from the body. If contesting candidate or his agents makes any gesture with the Palm of Hand, it will not be possible for him to take any action in this matter.
14. The Applicant is aware that in MCD Election-2007, State Election Commission issued notice to Sh. Ram Babu Sharma, the then President of Delhi Pradesh Congress Committee for committing similar violations of the Model Code of Conduct and Section 130 of the Representation of the People Act 1951. He and his supporters raised Palm of Hand with victory sign and one of his supporters raised his Palm of Hand in the shape of election symbol. Thereafter, on 06.04.2007, State Election Commission issued notice to Sh. Ram Babu Sharma. 15. On 15.05.2007, the State Election Commission decided to close the matter with a simple warning that being a senior and responsible leader of a National Party Sh. Ram Babu Sharma should not do or attempt to do anything, which may be construed as violation of the Model Code of Conduct. 16. Contesting candidates, supporters and election agents of the Congress misuse the election symbol Palm of Hand even on the polling day and also inside the polling booths by gesturing and showing the preference for the voting by a simple wave of the hand, or even by just pointing to it. Complaints made to Presiding Officers at Polling Stations regarding this kind of misuse of election symbol Palm of Hand have never yielded any result. It is clear that this misuse is only as a result of the allotment of a unique symbol which is inextricably linked to the human body, and in fact, the very part of which is most essential for marking the vote with indelible ink (election ink). 17. It is clear that this unique problem poses a difficulty for the ECI to implement the provisions of the Model Code and the
Symbols Order among other directions which are necessary for the smooth and orderly conduct of elections. In view of this, it would be necessary for the Commission to exercise its Constitutional and statutory powers including Para 18(2) & (3) of the Symbols Order to withdraw the Palm of Hand symbol from the Indian National Congress and also to permanently remove it from the ECI s list of symbols. 18. It is duty of the Commission to conduct free and fair electionsand take appropriate steps in this regard without fear or favour. The Applicant states that compliance of the Model Code of Conduct and Section 130 of the Representation of the People Act is impossible without withdrawing and cancelling the election symbol Palm of Hand, allotted to Congress party. 19. If the election symbol of the Congress Palm of Hand is not cancelled, the violation of Model Code of Conduct and Section 130 of the RPA, 1951,will continue in theimpending elections, and in such circumstances, free and fair election in spirit of Article 324 of the Constitution is inconceivable.
Respected Sir, Keeping in view the above stated facts and circumstances and to ensure free and fair elections in spirit of Article 324 of the Constitution of India read with General Conduct (4) of the Model Code of Conduct and Section 130 of the Representation of People Act, 1951; Please take appropriate steps to direct the withdrawal and cancellation of the election symbol Palm of Hand, allotted to the Indian National Congress, with immediate effect. Thanks and Regards. Ashwini Kumar Upadhyay Office: 15, New Lawyers Chambers Supreme Court, New Delhi-110001 Residence: G-284, Govindpuram, Ghaziabad-201013 Phone: 8800278866, 9911966667, Email: aku.aor@gmail.com CC: The Hon ble President, Government of India, New Delhi-110011 The Hon ble Prime Minister, Government of India, New Delhi-110011