Court Rejects Samata Party Plea Against Flaming Torch Poll Symbol To Shiv Sena Faction

Justice Sanjeev Narula noted the petitioner party, which claimed the flaming torch or 'Mashaal' symbol belonged to it and it had contested elections on it, was de-recognised in 2004. The party had also not shown any right over the symbol in its favour, he said.

The Delhi High Court today rejected a petition by the Samata Party challenging the Election Commission (EC) order allotting the 'flaming torch' (mashaal) election symbol to the Uddhav Thackeray faction of the Shiv Sena.

Justice Sanjeev Narula noted the petitioner party, which claimed the flaming torch or 'Mashaal' symbol belonged to it and it had contested elections on it, was de-recognised in 2004. The party had also not shown any right over the symbol in its favour, he said.

"In the absence of any right demonstrable before the court, the petitioner cannot seek a mandamus for quashing the impugned communication (by EC)...The petitioner has not demonstrated any right over the symbol. The court is not inclined to entertain this petition. Dismissed," the court said.

"Since the petitioner lost its status as a registered state party in 2004, the right, if any, on the symbol has lapsed after the expiry of six years (from the date of withdrawal of recognition in terms of the Election Symbols Order)," noted the court.