SC seeks EC time frame for decision on TMC name, symbol dispute

New Delhi: The Supreme Court on Thursday directed the Election Commission of India (ECI) to respond by Monday on the time it is likely to take to decide the dispute between the two rival factions of the All India Trinamool Congress (AITC) on claim to the party election symbol and name.

Hearing a petition filed by AITC founder Mamata Banerjee challenging the interim order of the ECI freezing use of the original party symbol and name, the apex court said that the ECI has power to issue an interim order as the election schedule for by-elections in the state have been announced. However, the SC noted that the interim order is to operate till the final adjudication of the dispute for which it wished to get a response from the ECI.

A bench headed by Chief Justice of India (CJI) Surya Kant said, “The solution here is that the ECI must come to a final decision as early as possible before the next election takes place. Today, the elections are on, new symbols are given and candidates have filed their nominations. Clearly, we cannot touch the by-elections.”

The bench, also comprising justices Joymalya Bagchi and V Mohana, asked senior advocate Dama Sesadari Naidu appearing for ECI to take instruction on the time ECI will take to decide the dispute. “We want you to tell us a reasonable time where parties are given a fair opportunity but not to prolong the proceedings. We also want to know within what time you will get an opportunity to decide to adjudicate the dispute,” the bench said.

The court posted Banerjee’s plea for hearing on September 28.

Senior advocate Kapil Sibal appearing for Mamata told the apex court that he does not seek stay of elections. However, he complained over the timing of the ECI decision that left him with no option. According to Sibal, the proceedings before the ECI began in June and now when the by-election process is on, the interim order is passed depriving the party of its symbol and name.

“If such orders are allowed to be passed, they will be passed in the midst of every election. Municipal elections in the state are coming up in November. I only have a request if the ECI can be asked to decide the main dispute in October,” Sibal said.

The SC asked Sibal, “The order may be illegal or right, we do not know. But what could the ECI have done in such a situation? The ECI which has authority to pass a final order, can it not pass an interim order? Even you could have approached us in August over the pendency of the matter before ECI.”

The bench said that a possible solution could be that the ECI conducts a day-to-day hearing and complete hearing on this issue.

The court’s suggestion was opposed by senior advocates Mukul Rohatgi and Neeraj Kishan Kaul appearing for the rival faction led by Ritabrata Banerjee. Rohatgi said that in such matters, evidence has to be led which takes time and ECI has other work besides this case. Going by the experience in past cases involving rival factions of Shiv Sena and AIADMK, Rohatgi said that ECI should be given some “breathing space”. Kaul, too, told the top court that deciding the matter in one month is practically impossible.

The court told the lawyers for the rival faction, “Parties should cooperate. You should join in this cause with the petitioner. It is better for you that the matter is decided expeditiously. The delay will not enure to the benefit of both sides.”

Early this week, the court allowed listing of Mamata’s petition on an urgent request by Sibal, who pointed out that despite the proceedings initiated in June by the ECI, in the middle of the proceedings, the poll panel has frozen the party symbol without a final adjudication.

The court agreed that this question of law still remains whether the ECI could pass an interim order without a final adjudication.

In her petition before the top court, the former West Bengal chief minister challenged the poll panel’s interim order passed last week freezing the original party symbol and asking both factions to choose a name and symbol of their choice.

Under protest, she had suggested a neutral poll symbol along with choices for a party name. A similar exercise was carried out by the rival faction too. The ECI recognised the rival faction led by Ritabrata Banerjee as “Democratic Trinamool Congress” and allotted it the “envelope” symbol.

Similarly, the poll panel led by Chief Election Commissioner Gyanesh Kumar, named the Mamata-led faction as “Mamata All India Trinamool Congress” with a “football player” symbol. The decision comes ahead of the West Bengal bypolls to be conducted early next month. Both parties were recognised as political parties in West Bengal, Tripura and Meghalaya.