A division bench of Acting Chief Justice B.D. Ahmed and Justice Sidharth Mridul asked the poll panel to file an affidavit on factual position behind AAP’s registration.
“Election Commission of India to file a short affidavit indicating the factual position behind registration of Aam Aadmi Party,” said the bench.
The court asked the poll panel to appraise the court how it registered the party and how it has not violated the provisions of the Emblem and Names (Prevention of Improper Use) Act and The Representation of the People Act as it posted the matter for May 2.
The petition filed by Hans Raj Jain questioned the use of national emblem (Ashoka Chakra) by the AAP during registration of the party with the poll panel, arguing that this is a violation of the constitution as no one can use the national emblem for personal use.
The plea said that AAP submitted Dec 3, 2012 a request for registration of party on its letter pad with logo of national emblem of national flag which is unconstitutional and illegal.
During the hearing, counsel appearing for the poll panel told the court that no norms were not violated while registering the party. While giving the registration, the Election Commission specifically directed the party not to use the emblem, the lawyer added.
“No party can misuse the national flag. Flag can be used but not in a derogatory manner,” said the poll panel counsel.