NAND KISHORE Vs. STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) The petitioner is contesting as an independent candidate from Ward No.228 (Maujpur) in the ensuing MCD elections. The case of the petitioner is that after acceptance of his nomination papers, he chose his symbol "Torch" as his first preference and symbol "Camera" as his second preference. Another candidate i.e. respondent no.3, who is also contesting independently also chose the same symbol "Torch".

(2.) The Returning Officer to resolve the issue had tried mediation and conciliation by calling both the candidates, but since both the candidates were insisting for allotment of "Torch" as their symbol, the Returning Officer held a draw through coupon/chits, in which the petitioner was successful and accordingly he was allotted "Torch" as a symbol. According to the petitioner, the other candidate i.e. respondent no.3 did not protest at that point of time as she had chosen another symbol i.e. "Nagrik". This process of allotting the "Torch" as symbol, as per the petitioner, was videographed by the Returning Officer.

(3.) Pursuant to the allotment of symbol, the petitioner also ordered for publication of election material. Subsequently, on 22/11/2022 it transpired from the official website of the State Election Commission that symbol "Torch" has been allotted to respondent no. 3 whereas symbol "Camera" has been allotted to the petitioner. The objection was raised by the petitioner before the Returning Officer and later on a representation was also made by the petitioner to the respondents on 26/11/2022, but the same did not fetch any response.