‘Question mark is not an asset’; The Delhi High Court turned a deaf ear to Samta Party’s petition A to Z Counsel

New Delhi : ‘The performance of the election is considered to be poor and the concerned party can lose the right to have the election symbol. Political parties should not consider election symbol as their special property,’ the Delhi High Court observed, dismissing the petition of Samata Party claiming ‘Ghagdhagati Mashal’ or election symbol as Shiv Sena’s Uddhav Balasaheb Thackeray party.

Disappointing performance by a political party may result in loss of right to use the election symbol, as stated in the Election Symbols (Reservation and Distribution) Order, 1968. ‘Ghagdhagati Mashal’ is the election symbol even if Samata Pakshala has been provided; But in the year 2004, the party’s recognition has been canceled and free symbols have been declared, then the Election Commission has the right to restore the second party. The Election Commission of India issued an order on October 10 to restore Shiv Sena’s Uddhav Balasaheb Thackeray Pakshala ‘Dhagdhagati Mashal’ as its election symbol; Also, there is no mistake in the order given by the single member bench of Delhi High Court on 19th October, the bench of Delhi High Court Chief Justice Satish Chandra Sharma and Justice Subramaniam Prasad clarified their orders.

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The ‘Ghagdhagati Mashal’ or election symbol would have been claimed by the Samata Party for contesting the elections on its own party. This election symbol is a reserved symbol, Shiv Sena would not have been able to give Uddhav Balasaheb Thackeray party without the notification that it was freed from reservation, such an argument would have been made on behalf of the petitioner. In the year 1994, George Fernandes and Nitish Kumar would have established Samata Paksha as a part of Janata Dal and Election Commission would have given election symbol ‘Ghagdhagati Mashal’. Samata Paksha is thinking of reviving itself and contesting the upcoming elections, but restoring the party’s symbol to another party would be a great prejudice, the Samata Paksha claimed in the court. A single member bench of the Delhi High Court dismissed its petition in the first hearing without serving any notice to the Election Commission, Shiv Sena Uddhav Balasaheb Thackeray and Maharashtra Chief Minister Eknath Shinde, as the Samata Paksha would have done or called the petition.

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