Delhi HC rejects Samata Party's plea challenging ECI's allotment of 'Flaming Torch' to Thackeray faction

New Delhi [India], October 19 : The Delhi High Court on Wednesday rejected a plea moved by the Samata Party challenging the Election Commission of India's (ECI) decision to reserve the election symbol "Flaming Torch" for Uddhav Thackeray led Shiv Sena Party for the upcoming Andheri East Assembly bypolls.
The ECI had recently allotted the 'Flaming Torch' symbol to the Uddhav group for use in the upcoming Andheri East bypolls.
The bench of Justice Sanjeev Narula on Wednesday while passing the order noted that the Petitioner Samata Party was declared unrecognised by the Election Commission in the year 2004.
"The symbol: "Flaming Torch" was reserved for Samata Party which has constantly been contesting elections and might gain recognition in the near future, as a recognised party, then how can the symbol be given to some other party," the plea stated.
It further stated that the Samata Party (SAP) is a political party in India, which was formed in 1994 by George Fernandes and Nitish Kumar. It was an offshoot of the Janata Dal. The party has socialist leanings, and at one point it wielded considerable political and social influence in North India, particularly in Bihar.
The plea also stated that the decision of the ECI where it allotted the symbol of 'Flaming Torch' to Shiv Sena is erroneous the Election Commission of India in the impugned order dated October 10 itself stated that the symbol "Flaming Torch" is not in the list of a free symbol as it is reserved for Samata Party.
Since the decision of the Election Commission declaring the erstwhile reserved Samata Party's symbol to Shiv Sena, the Petitioner party has been left without any symbol and therefore, unable to ventilate their political aspirations in the upcoming by-elections, the plea added.