EC relief for UP chief minister Mayawati

BSP chief is allowed to retain party symbol

PTI | October 13, 2010



In a relief to UP Chief Minister Mayawati, the Election Commission has rejected the plea for putting a freeze on her party symbol 'Elephant' and seeking her disqualification.

Turning down the plea of two advocates, the Commission said it would take "appropriate steps and measures" to see that the statues of Mayawati and her party symbol do not disturb the level-playing field during elections.

The EC's order came on a petition filed in July last year in which the advocates, Ravi Kant and Sukumkar, contended that the statues of elephant and Mayawati were installed in public places in Lucknow and Noida with the money spent from the state exchequer.

The petitioners sought freezing of the election symbol and wanted another symbol to be given to BSP and that Mayawati be disqualified from contesting elections "as several of her statues will always remain to continue to create an unequal playing ground for her opponents" during elections.

"At the time of elections, the Commission would, no doubt, take appropriate steps and measures to see that the statutes of Mayawati and BSP symbol elephant do not disturb the level-playing field and give undue advantage to BSP vis-a-vis other parties," the Commission said in its 21-page order.

Earlier, the Supreme Court had asked the Commission to decide the issue after the petitioners had submitted before it that 60 statues of elephants were being installed by Uttar Pradesh government at a cost of Rs 52.20 crore at public places by utilising state funds.

Taking into account the totality of the facts and circumstances available with the EC, the relief prayed in the petitions cannot be granted, the Commission said while holding the petitions as "not maintainable".

The Commission said it was not in a position to gauge the impact of the statues and the extent of such impact on the minds of the electors.

It said that BSP is a national party and the Elephant symbol is reserved for it in the whole of the country, except Assam.

The EC has to carefully weigh the implications which withdrawal of symbol may have as such a step can cause confusion in the minds of electors, apart from supporters and workers of the party, across the country, it said.

With regard to prayer for disqualification of Mayawati, the EC order said that the grounds pleaded in the petition "do not fall within the ambit of any of the disqualifications laid down in the law.

"The Commission cannot add or lay down any new grounds for disqualification. Therefore, the prayer for disqualification of Mayawati for the reasons given in the petition is not tenable, and the same has to be rejected", it said.

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