New Delhi, March 20: The Election Commission today rejected the merger of the Samata Party into the Janata Dal (United) on the ground that it was not a “valid” or “total” merger, in a snub to NDA convener and defence minister George Fernandes.

The poll panel also allowed the petitioners — Samata members Brahmanand Mandal and Raghunath Jha — to retain the Samata Party as a registered unrecognised party.

Mandal and Jha, members of the 13th Lok Sabha, were expelled from the party and had challenged the “unconstitutional” merger in December 2003.

The poll panel observed that the merger was “only a case of a few individuals” or, at the most, a group led by Fernandes joining the JD(U) and ruled that the “Samata Party has not ceased to exist as a political party”.

However, the ruling will have no political implication for the JD(U) as the Lok Sabha is already dissolved and Samata Party members can contest elections on the JD(U)’s arrow symbol.

Poll panel sources said the commission had concluded, after hearing both the factions in the party, that the merger was not total.

The Election Commission observed that Samata was not eligible to continue as a recognised state party in any of the states and, therefore, not entitled to the exclusive allotment of the symbol flaming torch as its reserved symbol.