India


SC asks ECI to indicate timeframe for deciding TMC name, symbol dispute

Parmod Kumar
New Delhi, Sep 24 (UNI) The Supreme Court on Thursday asked the Election Commission of India (ECI) to indicate a timeframe within which it could finally decide the dispute over the All India Trinamool Congress name and its “flowers and grass” election symbol, which have been frozen by the poll panel through an interim order.

A bench comprising Chief Justice Surya Kant, Justices Joymalya Bagchi and V Mohana sought the timeline after taking note of former West Bengal Chief Minister Mamata Banerjee’s grievance that the proceedings before the poll panel had remained pending.

CJI Kant asked the ECI to suggest a reasonable period that would give both sides a fair opportunity to lead evidence without allowing the matter to drag on, while also giving the Commission sufficient time to consider the material before it.

The court was hearing Banerjee’s challenge to the ECI’s interim order freezing the party name and symbol. The matter was posted for further hearing on September 28.

The dispute arose after rival factions led by Mamata Banerjee and West Bengal Leader of Opposition Ritabrata Banerjee claimed the Trinamool Congress name, symbol and organisational control.

Pending adjudication, the ECI has barred both factions from using the All India Trinamool Congress name and its symbol in the forthcoming Assembly by-elections.

The Mamata Banerjee faction has been allotted the name Mamata All India Trinamool Congress and the football player symbol, while the rival group has been given the name Democratic Trinamool Congress and the envelope symbol.

The interim arrangement assumes significance as by-elections to Nandigram and Rejinagar are scheduled for October 6.

Senior advocate Kapil Sibal, appearing for Mamata Banerjee, said he was not seeking a stay on the by-elections but wanted the ECI to hear the dispute on a day-to-day basis and decide it expeditiously. He also questioned whether such disputes could remain pending for months and be decided only close to elections.

Sibal said Banerjee’s faction had filed its response before the ECI on July 2, while the rival side was granted further time. He added that if the top court upheld the ECI’s decision, such action could be repeated in the middle of future elections.
Senior advocate Mukul Rohatgi, appearing for the opposing faction, said his clients would fully cooperate with the proceedings before the Commission and were prepared to lead evidence.

Senior advocate Neeraj Kishan Kaul, appearing for the ECI, said the Commission had no objection to an expeditious decision and could abide by any reasonable timeframe fixed by the court, though an excessively short deadline might be impractical.

Kaul also maintained that the ECI had ample power to pass interim directions while an intra-party dispute remained under consideration.
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