New Delhi: The Supreme Court Thursday asked the Election Commission to apprise it of the time frame within which it can finally decide the dispute between two rival factions of the All India Trinamool Congress over its 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 of former West Bengal chief minister Mamata Banerjee against the Election Commission’s (EC) decision to freeze the TMC’s name and party symbol.
The bench asked senior advocate D S Naidu, appearing for the poll panel, to apprise it of the timeline for finally deciding the row over the ownership of TMC’s name and election symbol.
The court posted Banerjee’s plea for hearing September 28.
In fairness, I cannot ask for a stay of this election, senior advocate Kapil Sibal, appearing for Banerjee, said, referring to the October 6 West Bengal assembly bypoll when Justice Bagchi said that the election process had already begun.
Sibal said that the process, adopted by the poll panel, was completely wrong as it was done during the election process, leaving Banerjee without any remedy to challenge the freezing order.
Maybe what is required is to issue a direction to the (Election) Commission that they should start hearing the matter, hear it for some time on a day-to-day basis, whatever evidence or proof you have to lead, and decide it, the CJI said.
September 21, the top court agreed to list Banerjee’s plea for urgent hearing.
The EC had allotted separate names and symbols to the two rival factions following its interim decision to bar both groups from using the name ‘All India Trinamool Congress’ and reserved its symbol pending a substantive determination of the dispute.
The poll panel, after hearing leaders of the two factions led by Banerjee and Arup Roy, said the matter required substantive determination under provisions of the Election Symbols (Reservation and Allotment) Order 1968.
