SC to hear Mamata’s plea against ECI’s TMC symbol freeze

The Supreme Court will hear Mamata Banerjee’s plea on September 24 challenging the Election Commission’s interim order freezing the Trinamool Congress party’s name and its reserved election symbol amid a dispute between rival factions.

New Delhi: The Supreme Court is slated to hear on Thursday Trinamool Congress (TMC) chief Mamata Banerjee’s plea challenging the Election Commission of India’s (ECI) decision to freeze the party’s name and its reserved election symbol amid an ongoing dispute between rival factions.

As per the Cause List published on the website of the apex court, a Bench of Chief Justice of India (CJI) Surya Kant, and Justices Joymalya Bagchi and V. Mohana will hear the matter on September 24.

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The case is listed at serial number 26 before the CJI-led Bench as a fresh civil case for admission.

Mamata Banerjee has filed the plea against the ECI’s interim decision to freeze the name “All India Trinamool Congress” and its reserved “Flowers and Grass” election symbol amid the dispute between rival factions of the party.

The petition names the Election Commission of India, its Secretary and rebel leader Ritabrata Banerjee as respondents.

On Monday, senior advocate Kapil Sibal, appearing for Mamata Banerjee, had sought urgent listing of the plea before CJI Surya Kant.

“They (ECI) issue a by-poll notification and in the middle of the notification, they freeze the symbol. We want urgent listing,” he submitted.

At this, the CJI observed that the rival side would also have submissions to make and assured that the matter would be considered for listing.

“Both sides will have something to say. When the matter is listed, then argue. We will try to list,” the CJI said.

The plea was filed after the poll panel passed an interim order barring both factions from using the party’s existing name and election symbol, observing that two rival groups were claiming to be the recognised political party. The ECI had said that the dispute required a substantive determination under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968, and directed both groups to submit alternative names and symbols for the upcoming by-elections.

The poll panel subsequently allotted the Mamata Banerjee-led faction the name “Mamata All India Trinamool Congress” and the “football player” symbol, while the rival faction led by Ritabrata Banerjee was allotted the name “Democratic Trinamool Congress” and the “envelope” symbol.

The interim arrangement applies to the October 6 by-elections in West Bengal for the Nandigram and Rejinagar Assembly constituencies.

The Mamata Banerjee-led faction has challenged the freezing of the party’s established name and symbol pending a final determination of the dispute, maintaining that it does not accept the ECI’s interim order. The rival camp led by expelled legislator Ritabrata Banerjee has claimed control over the party’s organisational and legislative structures.

The dispute over the party’s organisational control had also spilled over into Parliament, where 20 rebel TMC Lok Sabha MPs had broken away and aligned themselves with the Nationalist Citizens Party of India (NCPI), claiming recognition as a separate parliamentary group.

The Mamata Banerjee-led faction had challenged the delay by Lok Sabha Speaker Om Birla in deciding disqualification petitions against the 20 rebel MPs under the anti-defection law. It has maintained that the MPs were elected on its symbol and that their subsequent decision to join another political formation attracts the provisions of the anti-defection law. However, the rebel faction has claimed the support of more than two-thirds of the Trinamool’s Lok Sabha MPs and sought recognition as a separate parliamentary group. The organisational dispute subsequently reached the ECI, with both sides staking claim to the party name and symbol.

The poll panel’s interim order stated that the temporary arrangement was intended to place the rival groups on an even footing and protect their respective rights and interests until a final determination of the dispute.