SC gives ECI four months to settle TMC dispute

The Supreme Court on Monday directed the Election Commission of India (ECI) to decide within four months the dispute between the two rival factions of the All India Trinamool Congress over the party name and the flowers-and-grass election symbol.

A Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana asked the rival factions to complete their pleadings before the poll panel within four weeks and directed the ECI to decide the issue within three months after the parties complete their pleadings. The SC passed the order while hearing a plea filed by former West Bengal chief minister Mamata Banerjee against the ECI’s decision to freeze the TMC’s name and party symbol.

While hearing the matter on September 24, the court had asked the ECI to apprise it of the time frame within which it can finally decide the dispute between the two rival factions.

On Monday, senior advocate DS Naidu, appearing for the poll panel, referred to four past instances when the ECI had to decide the symbol matter. He said such matters take time as documents and affidavits from party workers come in huge numbers.

“Three months have gone by. Within the next three months, you decide this,” the Bench told Naidu. The SC observed that the poll panel can make use of AI tools and take help of technology. Naidu said that the time frame should be fixed from the date the parties complete their pleadings.

Senior advocate Kapil Sibal, appearing for Banerjee, said they have already filed their responses in July, but the other side has not yet done so.

Naidu told the Bench that Assembly elections in some States are scheduled to come up, and the ECI needed to focus its resources there also.

When the Bench asked the ECI to finally decide the matter within three months of the completion of pleadings, Naidu requested that some more time be given. The Bench said in case of any exigency, the poll panel may approach the court.

The ECI on September 17 allotted separate names and symbols to the two rival factions following its interim decision to bar both groups from using the All India Trinamool Congress name and its reserved symbol pending a substantive determination of the dispute.

The poll panel allotted the name Mamata All India Trinamool Congress and football player as its symbol to the Mamata Banerjee-led faction, while the Ritabrata Banerjee-led faction was allotted the name Democratic Trinamool Congress and given the symbol of an envelope. Assembly bypolls to Nandigram in East Medinipur district and Rejinagar in Murshidabad district of West Bengal are scheduled for October 6, with vote counting on October 9.

A similar case related to Shiv Sena is before the SC, which had on September 24 said the dispute should be decided expeditiously and asked the ECI to suggest a time frame that would allow both sides a fair opportunity to present their evidence while enabling the poll panel to reach a final decision.