New Delhi: The on Thursday asked the Election Commission of India (ECI) to take decision on the dispute between rival factions of the All India Trinamool Congress over the party’s name and election symbol within a reasonable timeframe.
The top court asked the poll body to decide on the timeframe till September 28.
A bench headed by Chief Justice of India (CJI) Surya Kant and comprising Justices Joymalya Bagchi and V Mohana was hearing a plea challenging the to freeze the original TMC name and symbol amid the factional dispute. The poll panel has allowed the rival groups to use separate names and symbols for the upcoming by-elections while the substantive dispute is pending.
Justice Bagchi pointed to the ECI’s position under Paragraph 15 of the Election Symbols Order. He said the poll panel contends that it can pass an interim order freezing the symbol and preventing rival groups from using the original party name and symbol during ongoing or upcoming elections or by-elections until the dispute is finally adjudicated.
Justice Bagchi asked, “Are they not correct?”
Sibal clarified that he was not seeking a stay on the proceedings but wanted relief concerning the ongoing by-election. “I am not asking for a stay but what is my relief in this by election? Have lost the name and symbol,” he told the court.
The CJI indicated that the Court could instead ask the ECI to complete the adjudication expeditiously. “We think the right order now can be we will ask for expeditious disposal, day-to-day hearing,” CJI Surya Kant said.
Sibal, however, raised concerns over the timing of the process, saying, “How such an order can be passed in midst of election process? It will be passed before every election… November there is municipal election.” Justice Mohana questioned the timing of the plea, asking, “How can we entertain a petition at such a juncture?”
Sibal responded, “We are asking for a remedy.”
Meanwhile, senior advocate Niraj Kishan Kaul, appearing for the rebel faction, opposed any direction requiring the ECI to decide the dispute within a short deadline. “How can the court say decide within 20 days, 1 month… these are elaborate hearings. We have to file documents, evidence, substantial hearings is involved,” Kaul submitted.
The bench then asked the ECI to ascertain how much time would be required to complete the adjudication.The CJI told senior advocate Dama Sheshadri, appearing for the ECI, “Find out how much time will be taken to adjudicate the dispute, how much time will be required.”
The CJI observed that the ECI itself had indicated that the present arrangement was meant to operate for the by-election. The Court said the Commission could take a reasonable amount of time to decide the dispute, while ensuring that both sides received a fair hearing and that the ECI had adequate opportunity to apply its mind to the rival claims.
“ECI itself said present arrangement is for bye election. ECI can take a reasonable time. At the same time parties should get fair hearing, ECI should also be able to apply their mind,” the CJI said. The Court directed the ECI to return with instructions on the timeframe on Monday, September 28.
What Is The Dispute?
Earlier this month, the ECI had ordered an interim freeze on the name ‘All India Trinamool Congress’ and its symbol ‘Jora Phool’ (Flowers and Grass) in the wake of upcoming Nandigram and Rejinagar bypolls in West Bengal. The two groups were subsequently allotted separate names and symbols for the by-elections.
Last week, the poll body alloted the “Mamata All India Trinamool Congress” name and the “Football Player” symbol. to the Banerjee-led faction. Meanwhile, the rebel group led by Arup Roy is allotted the “Democratic Trinamool Congress” name and the “Envelope” symbol.