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Election Commission defends Congress Party, inaction on misuse of flag

The Election Commission of India has refused to act upon the compliant of improper use of National Flag as party flags by various political parties.

Lucknow based social activist Dr Nutan Thakur had sent a representation to the Commission stating that at least four registered political parties- Indian National Congress, Nationalist Congress Party, All India Trinmool Congress and Bodoland People’s Front, are having their flags very similar to the National Flag. This is against section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950 which prohibits any such use of the National Flag or its colourable imitation.

In its reply to Thakur, Commission agreed that if any offence is committed under this Act, penal provisions are there but it made further efforts in this direction. It also defended Congress Party by quoting a Supreme Court ruling (B Krishna Bhat vs UOI). As per Thakur Commission’s stand is not correct because this order does not refrain from taking penal action against Congress Party for misuse of National Flag.

The Commission also refused to act upon her advice to formulate appropriate Regulations for allotment of flags so as to avoid any further recurrence.


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