High Court of Karnataka

Bharatiya Janata Party and Ors. v. The Chief Election Commissioner and Ors.

MANU/KA/2108/2015

20.08.2015

Election

Displaying flag and symbol on party office in proximity of election booth constitutes canvassing

The Court dismissed a petition by the Bharatiya Janata Party against the orders of the Election Officer calling for it to close its symbol and vacate its flag for two days, as it lay within 100 metres of a polling booth. It rejected the argument that the party symbol and flag were not related to the election, as they created an 'emotional bond' between the party and its supporters. Dismissing claims that the Election's Officer's notice was an act of political vendetta, the Court found no illegality in the notice.

Relevant

Section 46 Karnataka Municipal Corporations Act, 1976 Act Subramanian Swamy vs. Election Commission of India through its Secretary MANU/SC/4126/2008

Tags : Election party office flag canvassing proximity booth

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