JUDGMENT

Vikas Mahajan, J. (Oral)--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