"The Samata Party is no longer entitled to continued recognition as a national party. It is entitled to be recognised only as a state party in the states of Bihar, Haryana and Manipur. The symbol `flaming torch' will stand reserved for the parties in these three states," the Commission said in a six page order.

The Commission said it came to this conclusion after a review of the party's poll performance following the general elections to Lok Sabha and to the Legislative assemblies of Nagaland, Tripura, Meghalaya, Himachal Pradesh and Gujarat.

While making such a review the Commission also examined and analysed the poll performance of the party at the respective last general elections to each of the existing assemblies of all states held from 1993to 1997.

In the 1998 Lok Sabha elections in Bihar, the party returned ten members out of 54 elected from that State and had also polled 15.74 per cent of the total valid votes polled from that State.

It's poll performance in the general elections to Bihar Assembly in 1995 also qualified it for recognition as state party while it's poll performance to assemblies of Haryana and Manipur held in 1996 and 1995 respectively too qualifies it for recognition as a state party.

In all other states and Union territories, its poll performance falls short of the required standards for the purpose of recognition, the order said. "Under the provisions of paragraph 7(1) (of election symbols order), recognition in at least four states or union territories is a pre-requisite for recognition as a national party," it said.

The order said the Commission had given the Samata Party an opportunity to represent its case before it.

Party general secretary Jaya Jaitly appeared before the Commission on February 1 and soughtmore time to enable the party to collect material from the state units and party candidates who contested the elections.

The Commission granted the prayer, allowed one month's time to the party for the purpose and adjourned the hearing. Subsequently the party neither filed any reply nor any of its representatives appeared before the Commission on the next date of hearing on March 19.

"It is, therefore, clear that the party has nothing to state or represent in the matter," the Commission said.