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Synopsis

The Delhi High Court, on Friday, dismissed a plea by BJP leader Jatin Mohanty, seeking action against the Biju Janta Dal (BJD) government in Odisha for allegedly employing its party symbol, the 'conch,' in promotional material for government welfare schemes.

The court directed the petitioner to approach the Orissa High Court, questioning the choice of Delhi High Court for redressal when the advertisements were originating in Odisha.

"Why are you here? Go to Odisha and raise it before the appropriate court," the bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora remarked.

Emphasizing the issue's ubiquity across states, the court asserted that it is not unique to a specific region.

As the bench displayed a disinclination to entertain the plea, Mohanty's counsel requested the liberty to withdraw the petition and file it in a jurisdiction having authority over the matter, a request that was granted.

The petitioner alleged arbitrary use and misuse of public funds by the BJD, accusing the party of promoting various state government schemes using the 'conch' symbol in Odisha newspapers, TV channels, buses, and social media platforms, resulting in the misappropriation of crores of crores of public money.

According to information obtained through an RTI query, the petitioner claimed that the party had spent Rs 378 crore on advertisements over the last five years.

Mohanty's counsel urged the court to direct the Election Commission of India (ECI) to decide on the representation made on November 10, 2023, against the State of Odisha and BJD.

In response, the bench reiterated its stance that the matter falls within Odisha's jurisdiction and advised the petitioner to approach the Orissa High Court.

The representation submitted to the ECI sought directives for the BJD and the state government to comply with Supreme Court directives, the procedure for election symbols (reservation and allotment) orders, and the model code of conduct for political parties and candidates.

The plea also sought a court directive to the ECI for the recovery of alleged misuse of public funds in the guise of advertisements and a restraining order against the state government for further use of the party symbol in welfare scheme advertisements.

Case Title: Jatin Mohanty v. Election Commission of India & Ors.