Delhi High Court dismisses petition to Shiv Sena faction against burning torch symbol of Samata Party

Last Update: 19 October 2022, 15:15 IST

The election symbol of the Shiv Sena faction led by Uddhav Thackeray is a flaming torch. (Image: News18)

The court said that the petitioner party was derecognised in 2004 and at present it has no right over the “flaming torch” emblem.

The Delhi High Court on Wednesday dismissed the petition of the Samata Party, in which they Election The commission ordered allotment of a “flaming torch” election symbol to the Uddhav Thackeray faction of Shiv Sena. Justice Sanjeev Narula observed that the petitioner party, which had claimed that the “flaming torch” belonged to him and contested the election under it, was derecognised in 2004 and had not shown authority 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 dismissed the October 10 order of the Election Commission on the ground that the “burning torch” was a “reserved” symbol and could not be given to Shiv Sena (Uddhav Balasaheb Thackeray) without first issuing a notification that it was “free”. ” it was done. sign, symbol.

Advocate Kamlesh Kumar Mishra, counsel for the petitioner, also informed the court that he had contested the 2014 Lok Sabha elections under the symbol of “flaming torch”. The Election Commission, represented by advocate Siddhant Kumar, defended the allotment and said that there is no requirement under the law to issue any notification as claimed by the petitioner before passing the allotment order.

He also said that the recognition of the petitioner party was derecognised in 2004 and at present it has no right over the emblem of the “flaming torch”.

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