New Delhi, July 13 : The Delhi High Court on Monday sought a response from the Election Commission of India and others on a petition seeking de-registration of the YS Jagan Mohan Reddy led Yuvajana Sramika Rythu Congress Party, claiming that it has "illegally" and "unlawfully" used the abbreviation "YSR" which is an integral part of the petitioner's name.
A bench of Justice Jayant Nath has sought a response from the ECI and the Yuvajana Sramika Rythu Congress Party to the plea filed by Anna YSR Congress Party seeking de-registration of the ruling party in Andhra Pradesh led by Jagan. The plea states that the petitioner is aggrieved by the illegal and unlawful appropriation and unauthorised use by Jagan's party of the integral part of the petitioner's name, i.e., "YSR Congress Party", on its letterheads, campaign material and other collaterals of party administration.
"This is despite clear instructions dated 28.01.2011 from ECI barring the Respondent No.2 (YSR Congress Party) from adopting "YSR Congress Party" as its party name. Respondent No.2 in its communications to ECI has consciously refrained from using the abbreviation "YSR Congress" but to the world at large, in particular to its constituents, it is freely passing itself as the petitioner party," the plea said.
The petition filed through Advocate Vipin Nair stated that the Jagan Mohan Reddy led YSR Congress Party is guilty of clear, wilful, pre-meditated, deliberate and conscious disobedience to adhere to lawful directions and instructions of the ECI given from time to time.
"This invites de-recognition of a recognised political party under Para 16A of the Symbols Order and for this purpose, the Election Commission possesses broad disciplinary/penal powers," said senior advocate Meenakshi Arora arguing for the petitioner. She added that this wilful and conscious disobedience is aggravated by the fact that in the past the Jagan Mohan Reddy led party had applied for and was not granted the right to use the abbreviation YSR Congress.
The court will now hear the matter on September 3.
The plea also states that the Respondent No.2 (Jagan led YSR Congress party) is obliged under law and as directed by Respondent No.1 (ECI), to use the name "Yuvajana Sramika Rythu Congress Party" and not it's abbreviated form viz. "YSR Congress Party", which is an integral part of the petitioner's name "Anna YSR Congress Party".
The plea also states that the Yuvajana Sramika Rythu Congress Party in a mischievous and cavalier manner, in order to overcome the prohibition of using the name "YSR Congress Party", chose to hoodwink the Election Commission and other statutory authorities by using the correct name of "Yuvajana Sramika Rythu Congress Party" in their correspondence with the statutory authorities and cleverly using the name of " YSR Congress Party" to the public at large as well as to its constituents.
"This modus operandi can be clearly demonstrated in the annexures filed in the writ petition which clearly disclose the double standards and malafide of the Yuvajana Sramika Rythu Congress Party," the petitioner said.