SC asks Election Commission when it can decide TMC name, symbol row

The Supreme Court on Thursday asked the Election Commission to indicate a reasonable timeline for deciding the dispute between rival TMC factions over the party's name and election symbol, while stressing that both sides must get a fair opportunity to present evidence

New Delhi: The Supreme Court on Thursday asked the Election Commission to apprise it of the time frame within which it could finally decide the dispute between two rival factions of the All India Trinamool Congress over the party’s name and “flowers and grass” election symbol.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing a plea by former West Bengal chief minister Mamata Banerjee against the Election Commission’s decision to freeze the TMC’s name and party symbol.

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Referring to the delay in deciding the Shiv Sena dispute, the bench said the matter should be decided expeditiously and asked the poll panel to suggest a “reasonable” time frame that would allow both sides a fair opportunity to present their evidence while enabling the EC to reach a final decision.

It asked senior advocate D S Naidu, appearing for the poll panel, to apprise it of the timeline for finally deciding the dispute over the ownership of the TMC’s name and election symbol 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 EC’s interim order, saying it had been passed after the by-election process had commenced and consequently denied Banerjee 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 the Commission 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 EC could have done after receiving nominations from candidates belonging to both factions, each claiming to be the genuine TMC.

Justice Bagchi said the election schedule had already been notified and that the EC’s interim arrangement for the notified by-elections “cannot be touched” at this stage.

He said the immediate issue was whether the Commission had arrived at a prima facie satisfaction before concluding 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, Sir,” 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 N K 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 one month would not be sufficient for proper adjudication.

The EC on September 17 barred the two rival factions from using the TMC name and 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.