SC asks ECI to settle TMC symbol row
The Supreme Court on Thursday asked the Election Commission of India (ECI) to apprise it of the timeframe within which it can finally decide the dispute between the two rival factions of the All India Trinamool Congress over its name and flowers-and-grass election symbol.
A Bench comprising Chief Justice of India (CJI) Surya Kant and justices Joymalya Bagchi and V Mohana was hearing a plea of former West Bengal chief minister Mamata Banerjee against the ECI’s decision to freeze the TMC’s name and party symbol.
Referring to the delay in deciding the Shiv Sena dispute, the Bench sought an expeditious resolution and asked the poll panel for a time frame that would give both sides a fair opportunity to present their evidence. It asked senior advocate DS Naidu, appearing for the ECI, for the timeline and posted Banerjee’s plea for hearing on September 28.
“Find out, for final adjudication, how much time are you expected to take? Only for this limited purpose... reasonable time in which parties are given fair opportunity and you have time to apply your mind... but not too long,” the CJI said.
At the outset, senior advocate Kapil Sibal, appearing for Banerjee, questioned the timing of the ECI’s interim order, saying a new symbol was assigned to her party after the bye-election process had commenced and, consequently, she was denied an opportunity to avail legal remedies.
“Can the Election Commission delay matters, and then pass orders in the midst of elections knowing that I won’t have a remedy,” Sibal asked. He said the dispute had reached the poll panel in July and that it could have passed an order earlier, before the election process began.
“The intent of the Election Commission is to leave me without a remedy,” he said.
The Bench, however, questioned what the ECI could have done after receiving nominations from candidates belonging to both factions, each claiming to be the genuine TMC.
Justice Bagchi said that the election schedule had already been notified and said the ECI’s interim arrangement for the notified bye-elections “cannot be touched” at this stage.
He said the immediate issue was whether the ECI had reached a prima facie conclusion that an interim arrangement was necessary to “place both the rival groups on even keel”.
“There was no consideration at all,” Sibal said, adding that Banerjee was not seeking to challenge the interim arrangement at this stage and instead urged the Bench to direct the poll panel to complete the adjudication in October.
He also pointed to the forthcoming local body elections in West Bengal.
Appearing for the rival faction led by Ritabrata Banerjee, senior advocate Mukul Rohatgi said the poll panel had passed similar interim orders in earlier party-symbol disputes, including the Shiv Sena matter.
“We have seen what delay does in Shiv Sena,” Justice Bagchi said.
Rohatgi, however, submitted that an October deadline would be too short and sought more “breathing time” for the rival faction to present its case.
Senior advocate NK Kaul, also appearing for the Ritabrata faction, said the dispute involved complex factual issues and would require affidavits and evidence from the parties.
He said that one month would not be sufficient for a proper adjudication.
The ECI on September 17 barred the two rival factions from using the TMC name and the symbol for the forthcoming elections.
As an interim arrangement, the poll panel allotted the name ‘Mamata All India Trinamool Congress’ and the ‘Football Player’ symbol to the Mamata Banerjee-led faction, while the Ritabrata Banerjee-led faction was allotted the name ‘Democratic Trinamool Congress’ and the ‘Envelope’ symbol.
The poll panel, after hearing leaders of the two factions, said the matter required substantive determination under the provisions of the Election Symbols (Reservation and Allotment) Order 1968.
