Election Fee has allotted the ‘flaming torch’ (mashaal) ballot image to Workforce Thackeray
New Delhi:
The Delhi Excessive Court docket in the present day rejected a petition by the Samata Get together difficult the Election Fee (EC) order allotting the ‘flaming torch’ (mashaal) election image to the Uddhav Thackeray faction of the Shiv Sena.
Justice Sanjeev Narula famous the petitioner celebration, which claimed the flaming torch or ‘Mashaal‘ image belonged to it and it had contested elections on it, was de-recognised in 2004. The celebration had additionally not proven any proper over the image in its favour, he stated.
“Within the absence of any proper demonstrable earlier than the court docket, the petitioner can not search a mandamus for quashing the impugned communication (by EC)…The petitioner has not demonstrated any proper over the image. The court docket is just not inclined to entertain this petition. Dismissed,” the court docket stated.
“For the reason that petitioner misplaced its standing as a registered state celebration in 2004, the best, if any, on the image has lapsed after the expiry of six years (from the date of withdrawal of recognition when it comes to the Election Symbols Order),” famous the court docket.
The petitioner assailed the Election Fee order dated October 10 on grounds that ‘flaming torch’ was a “reserved” image and couldn’t have been given to Shiv Sena (Uddhav Balasaheb Thackeray) with out first issuing a notification that it had been made a “free” image.
In its plea, the petitioner said it was fashioned in 1994 by George Fernandes and Nitish Kumar as an “offshoot of the Janata Dal” and was given the ‘flaming torch’ image by the EC.
The plea said the petitioner was “striving to revive itself and goes to contest the upcoming elections and other people have recognised the petitioner celebration from its image for greater than 4 a long time and now nice prejudice could be triggered to the petitioner celebration if the identical image is allotted to another celebration”.
The petitioner’s lawyer, Advocate Kamlesh Kumar Mishra, additionally knowledgeable the court docket that it contested the 2014 Lok Sabha election on the flaming torch image.
The court docket, nonetheless, famous even when the petitioner was allotted the image in query in 2014, it doesn’t give rise to a “vested proper” in respect of its allotment and that the petitioner has contested beneath a special election image after that.
The Election Fee, represented by lawyer Sidhant Kumar, defended the allotment and stated there was no requirement beneath the regulation to concern any notification, as claimed by the petitioner, earlier than passing the allotment order.
He additionally stated the petitioner celebration was de-recognised in 2004 and presently has no proper over the flaming torch image.
Whereas coping with the dispute between the rival factions of the Shiv Sena, the EC had on October 10 issued a communication allotting the flaming torch image to the Uddhav Thackeray faction in the interim. It had stated the image was not within the checklist of free symbols and was an “erstwhile reserved image” of the now derecognised Samata Get together nevertheless it has determined to allot the identical on a request to declare it a free image.
Eknath Shinde, the present Maharashtra Chief Minister and the chief of the rival Shiv Sena faction, had raised a banner of revolt in opposition to Thackeray earlier this yr, accusing him of coming into into an “unnatural alliance” with the Congress and the NCP.
Over 40 of the Shiv Sena’s 55 MLAs had supported Eknath Shinde, forcing the resignation of Uddhav Thackeray from the publish of Maharashtra Chief Minister.
Following Thackeray’s resignation, Mr Shinde grew to become the Chief Minister with the assist of the BJP.
Twelve of the 18 Lok Sabha members of the Shiv Sena additionally got here out in assist of Mr Shinde, who later claimed to be the chief of the unique Shiv Sena.
The Andheri East bypoll subsequent month is the primary after Mr Shinde and the BJP unseated the MVA from energy and fashioned a coalition authorities.
The Thackeray has already approached the Delhi Excessive Court docket looking for quashing of the order of the Election Fee freezing celebration title – Shiv Sena and its election image ‘bow and arrow’.
(Apart from the headline, this story has not been edited by NDTV employees and is revealed from a syndicated feed.)
