SC seeks timeline from EC on TMC name, symbol dispute

The Supreme Court on Thursday directed the Election Commission to provide a timeline for resolving the dispute between two factions of the All India Trinamool Congress over the party’s name and its “flowers and grass” election symbol.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana was hearing a petition filed by former West Bengal chief minister Mamata Banerjee challenging the poll panel’s decision to freeze the TMC’s name and symbol.

The bench asked senior advocate D S Naidu, representing the Election Commission, to inform it about the time required to reach a final decision in the matter. The case will be taken up next on September 28, The New Indian Express reported.

Appearing for Banerjee, senior advocate Kapil Sibal said he could not seek a stay on the West Bengal Assembly bypoll scheduled for October 6, as the electoral process had already commenced.

Sibal contended that the EC’s decision was legally flawed because it had been issued during the election process, leaving Banerjee without an effective means to challenge the freezing order.

Chief Justice Surya Kant suggested that the court could direct the Election Commission to begin hearing the dispute, conduct proceedings on a day-to-day basis for a specified period, consider the evidence presented by both sides and issue a decision.

The Supreme Court had agreed on September 21 to list Banerjee’s petition for an urgent hearing.

The Election Commission had assigned separate names and symbols to the two rival factions after issuing an interim order preventing both groups from using the name “All India Trinamool Congress” and reserving the party’s existing symbol until a final determination was made.

The poll panel took the decision after hearing representatives of the factions led by Banerjee and Arup Roy. It held that the dispute required a substantive adjudication under the Election Symbols (Reservation and Allotment) Order, 1968.