The NGO, Common Cause, which has sought cancellation of BSP's election symbol elephant, said the installation of permanent statue of the biggest mammal at public places in Uttar Pradesh by the then Mayawati government there stands on the same footing like the display of a photograph inside an office which can vitiate the level-playing field.
"The installation of permanent representations of the election symbol of a political party in public places has the effect of permanently disturbing the level-playing field in an electoral contest.
Justice Manmohan had sought the written submissions on the issue whether the party (BSP) obtained any unfair advantage in election by erecting the statues at state expense as this point had not been decided by the Election Commission (EC) on the NGO's plea.
Bhushan in his six-page written submission, filed through advocate Shyam Singh Chauhan, said that "in the interests of justice and preservation of the purity and integrity of the electoral process, the order of the EC of India be set aside.
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