Delhi High Court Dismisses Samata Party's Appeal Against Allotment of 'Flaming Torch' To Uddhav Thackeray's Shiv Sena

The Delhi High Court on Thursday dismissed an appeal filed by Samata Party challenging a single judge order which last month rejected its plea against allotment of flaming torch symbol to Uddhav Thackeray's Shiv Sena by Election Commission of India (ECI) for the Andheri East bypoll in Maharashtra.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad dismissed the plea after hearing the counsel appearing for Samata Party as well as the ECI.

Detailed copy of the order is awaited.

Samata Party was formed in the year 1994 and was accorded recognition on October 24, 1994. The party had participated in the 2009 and 2014 Lok Sabha General Elections but was defeated in both of them. Since the party was de-recognised back in 2004, it had lost the right over the 'flaming torch' symbol.

In the appeal filed through Advocate Kamlesh Kumar Mishra, Samata Party said that the single judge dismissed its plea on the very first date of hearing, without issuing notice to the ECI, Shiv Sena and Maharashtra Chief Minister Eknath Shinde.

The plea also sought directions on ECI to decide its representation to reserve the symbol in question for Samata party and withdraw it from Shiv Sena.

It was Samata Party's case that since the symbol was a reserved symbol even on the date of the impugned decision of ECI, a notification was necessary before declaring the symbol to be a "free symbol" and allotting it to another party.

"Because since its status as a de recognised party, Samata party [has been] continuously trying to get its recognition back by contesting in various State Assemblies Elections with the same Symbol i.e Flaming Torch and if the same is taken away from the party without even giving the opportunity to defend its symbol the struggle of its members will go in vein," the plea said.

While Samata Party contested election in 2014 under the flaming torch symbol, the 2020 election was contested under a different symbol.

On October 8, the ECI had directed both Thackeray and Eknath Shinde groups to not use the official name Shiv Sena for their rival factions and symbol 'bow and arrow' till the dispute between him and Shinde, for the official recognition is finally decided.

Thereafter, on October 10, Thackeray's first choice of "Trishul" symbol was declined stating that it has religious connotations which is a violation of 10(B)(A)(iv) of the Election Symbols (Reservation and Allotment) Order, 1968 and that the symbol is also Shinde group's first choice.

The second choice of "Rising Sun" was also refused on the ground it was a reserved symbol of the 'Dravida Munnetra Kazhagam', a recognised political party in the state of Tamil Nadu and Union Territory of Puducherry.

While allotting the "flaming torch" symbol, the ECI said the same "is not in the list of free symbols" and was earlier used by a party de-recognised in 2004. However, on a request made by Uddhav's group, ECI decided to declare it as a free symbol.

Title: Samata Party v. ECI & Ors

Citation: 2022 LiveLaw (Del) 1036