Delhi HC Rejects Plea by Samata Party Against Flaming Torch Election Symbol to Sena Faction

The Delhi High Court on Wednesday rejected a petition by the Samata Party challenging the Election Commission order allotting “flaming torch” election symbol to the Uddhav Thackeray faction of the Shiv Sena. Justice Sanjeev Narula noted that the petitioner party, which claimed that “flaming torch” belonged to it and has contested elections under it, was de-recognised in 2004 and has not shown the right in its favour.

“The petitioner has not demonstrated any right over the symbol. The court is not inclined to entertain this petition. Dismissed,” the court said. The petitioner assailed the EC order dated October 10 on grounds that “flaming torch” was a “reserved” symbol and could not have been given to Shiv Sena (Uddhav Balasaheb Thackeray) without first issuing a notification that it had been made a “free” symbol.

The petitioner’s lawyer, Advocate Kamlesh Kumar Mishra, also informed the court that it contested the 2014 Lok Sabha election under the “flaming torch” symbol. The Election Commission, represented by lawyer Sidhant Kumar, defended the allotment and said that there was no requirement under the law to issue any notification, as claimed by the petitioner, before passing the allotment order.

He also said that the petitioner party was de-recognised in 2004 and presently has no right over the “flaming torch” symbol.

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