An almost six months old Election Commission inquiry against the UP government for alleged misuse of ruling BSP symbol ‘elephant’ suffered a hiccup on Friday when the Supreme Court directed the panel to rein in its probe till the allegations are found “maintainable” under law.Friday’s order is a far call from that of February 22, 2010, by a Bench led by then Chief Justice of India K G Balakrishnan, which directed the Election Commission to investigate and decide whether installation of statues of elephants at public cost added up to misuse of BSP’s election symbol in violation of poll laws.The court was acting on a complaint filed by an Advocate, Ravi Kant, who sought the court’s intervention to direct the EC to “freeze the election symbol allotted to the BSP owing to its misuse”.On July 2, 2010, the EC had returned to the apex court, complaining of the “defiant” stand taken by the UP government to not part with more information on the symbols and statues erected in the state. The poll body sought the court’s help to complete the Supreme Court-ordered inquiry.

Hearing the application on Friday, the Bench led by Chief Justice of India S H Kapadia ordered the EC to take three more months to first decide on the “preliminary point of maintainability of the complaint” filed by Kant on May 15, 2009.The EC, however, has already finished hearing the complaint, recorded the arguments and even reserved the matter for final orders.

http://www.indianexpress.com/news/BSP-symbol–SC-asks-EC-to-check-maintainability-of-complaint/644654

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