RAJIV SAHAI ENDLAW, J.

1. This petition was filed seeking (i) mandamus to the then sole respondent State Election Commission (SEC), National Capital Territory (NCT) of Delhi to allot a free symbol with immediate effect to the petitioner for contesting the Municipal Corporation of Delhi (MCD) elections in 2012; (ii) declaration that election symbol opted for by more than one independent candidate shall be allotted to the candidate who has already contested the previous election on that election symbol from that same ward; and, (iii) direction to the respondent SEC to, make such amendments in the Delhi Election Symbols (Reservation and Allotment) Order, 2007 as may be necessary for registration of political parties that intend to contest ward elections to MCD.

2. This petition came up first before this Court on 5th December, 2011 when it was felt that the Election Commission of India (ECI) is a necessary party for examination of the issues raised in the petition. Accordingly, ECI was impleaded as respondent no.2 and notice of the petition issued.

3. Counter affidavit has been filed only by the respondent no.1 SEC; the counsel for the respondent no.2 ECI stated that no reply is