The Calcutta High Court on Thursday rapped the Election Commission of India (ECI) over its decision to allot the ‘Envelope’ election symbol to the Ritabrata Banerjee-led Democratic Trinamool Congress (DTC) for the upcoming West Bengal bypolls. The symbol had previously been used by the Indian Secular Front (ISF), which is also contesting the bypolls. The ISF has challenged the ECI’s decision, arguing that the move could confuse voters.
Appearing for the ISF, senior advocate Bikash Ranjan Bhattacharya questioned how the symbol could be allotted to another party in an election in which the ISF was also contesting. “How can they allot my symbol to them in an election I am also contesting? This action of ECI is spoiling the EC machinery and it's losing credibility,” Bhattacharya submitted.
He suggested that the ECI should instead freeze the symbol for the current election and allot alternative symbols to the parties. “My suggestion is that ECI should declare this Envelope frozen for all and give another symbol to the parties. Otherwise voters are confused that in the election held in May ISF had envelope and in July it is changed,” he said.
The ECI told the court that the ISF had been allotted the symbol in 2021 and had subsequently contested elections using it. The poll panel maintained that the symbol was part of the list of free symbols and could therefore be allotted afresh.
The court, however, questioned why the ECI had chosen the ‘Envelope’ when a large number of other symbols were available. “Why are your authorities doing like this? Why entering into these disputing things? 183 symbols are there. Why are you putting envelopes?” the court asked. The bench also questioned whether the ECI’s approach was unnecessarily creating litigation. “Your authorities are only pinching the people to create legal proceedings? This is their way to work?” the court remarked. “Every time you persons are compelling people to come to the court. You know it was allotted. 183 symbols are there, why did you choose the envelope?” it added.
The ECI submitted that the choice was among the options provided by the Ritabrata faction. Bhattacharya, however, disputed the submission, maintaining that while the party had submitted three choices, the final allotment was made by the ECI.
The court also noted that the election process had already begun and questioned the difficulties created by the decision. “Once the election started you are creating all the trouble and the parties are coming to court, putting burden on the court,” the court observed.
The bench further noted the ISF’s central grievance: that a symbol previously associated with one contestant had been allotted to another party in the same by-election. “His case is that when one symbol is used by one party, and this is the by-election, why did you choose only that symbol for a particular person? You should have kept it reserved,” the court said.
The dispute comes after the ECI froze the Trinamool Congress’ original name and ‘Flowers and Grass’ symbol amid a factional dispute. The Mamata Banerjee-led faction was allotted the name Mamata All India Trinamool Congress and the Football Player symbol, while the Ritabrata-led faction was allotted Democratic Trinamool Congress and the Envelope symbol for the October 6 bypolls.
