Delhi High Court has today dismissed the petition filed by the Samata Party regarding the Election Commission of India's decision to give Uddhav Thackeray's Shiv Sena "the fiery torch symbol" for the next Maharashtra Assembly by-election in Andheri East.

The Election Commission gave Thackeray's group the fiery torch emblem earlier this month. The Andheri East by-elections will be contested by his party using the same symbol. Until the dispute between Thackeray and Eknath Shinde, the ECI has instructed both Thackeray and Eknath Shinde groups to refrain from using the official name Shiv Sena for their rival factions and the symbol "bow and arrow". This directive was issued on 08th October 2022.

Former defence and rail minister George Fernandes and Bihar Chief Minister Nitish Kumar founded the Samata Party in 1994. Presently, Uday Mandal is in charge. The Election Commission of India (ECI) finally denied the recognition of Samta Patry in 2004 and took away the symbol. While the Samata Party contested elections in 2014 under the flaming torch symbol, the 2020 election was contested under a different symbol.

Justice Sanjeev Narula declared that Samata Party has failed to demonstrate any rights over the sign "flaming torch" after hearing the party's appeal against the ECI ruling. "in absence of any right demonstrable before this court, the petitioner cannot seek a mandamus for quashing of the impugned communication,"

The Samata Party contended during the hearing today that since the party ran for office in 2014 with the aforementioned symbol, the ECI was required to give notice before designating the "flaming torch" as a free symbol and distributing it to any other party or candidate. Additionally, it was claimed that the ECI did not address the party's objections to the decision to make it a free symbol.

The counsel representing ECI, on the other hand, cited Section 10A of the Election Symbols (Reservation and Allotment) Order, 1968, which allows for consideration of candidates put forth by an unrecognised party that was previously recognised as a national or state party. The concession to the Samata Party does not exist in 2022, according to the argument, even under the terms of the aforementioned paragraph. Noting the argument given by the counsel, Justice Narula noted that "Since the petitioner lost its status of a recognised party in 2004, the right, if any, on the symbol in question would have lapsed after the expiry of six years in terms or clause 10A of the Election Symbol Order,"

The court further held, "In such circumstances, the petitioner does not have any right over the symbol in question. If in the year 2004 the petitioner did contest an election, that claim does not give a right in its favour in respect of the symbol in question."