The Supreme Court on Thursday, September 24, asked the Election Commission of India (ECI) to specify how much time it would require to resolve the dispute over the Trinamool Congress’s name and election symbol, following a petition filed by party founder Mamata Banerjee.
A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana sought a reasonable timeline from the poll panel, stressing that the rival factions must receive a fair opportunity to present their cases without prolonged proceedings.
“Find out, for final adjudication, how much time are you expected to take?” Chief Justice Surya Kant asked the ECI’s counsel, senior advocate Dama Seshadri Naidu, adding that the parties should get a reasonable opportunity to present their cases, but the proceedings should not take “too long”.
The court adjourned the matter until next week.
Kapil Sibal Questions Timing of ECI Order
Appearing for Mamata Banerjee, senior advocate Kapil Sibal questioned the Election Commission’s decision to freeze the party’s original name and ‘Flowers & Grass’ symbol during the ongoing election process.
“Can the Election Commission delay matters, and then pass orders in the midst of elections knowing that I won't have a remedy?” Sibal submitted before the bench.
He argued that the dispute had been pending before the commission for several months and that the order was issued when the by-election process was already underway.
According to Sibal, the timing of the decision had left Banerjee with limited scope for an effective legal remedy.
Sibal clarified that Banerjee was not seeking immediate judicial interference with the interim arrangement applicable to the bypolls. Instead, he urged the court to direct the ECI to complete its adjudication in October, pointing to upcoming local body elections.
‘We’ve Seen What Delay Does in Shiv Sena Case’
The bench indicated that judicial intervention in the interim election arrangements could be difficult after the election schedule had been notified. Justice Joymalya Bagchi observed that the ECI’s interim arrangement for the scheduled by-elections could not be disturbed at this stage. However, the court stressed the need for an early resolution of the underlying dispute.
When senior advocate Mukul Rohatgi, appearing for the rival faction led by Ritabrata Banerjee, referred to similar interim arrangements in previous party disputes, Justice Bagchi remarked, “We have seen what delay does in Shiv Sena, Sir.”
Rohatgi opposed the proposed October deadline, arguing that the matter involved complicated factual questions requiring affidavits and evidence. Senior advocate Neeraj Kishan Kaul, also representing the rival faction, submitted that one month would not be sufficient to complete the proceedings.
For context, the Supreme Court is hearing Mamata Banerjee’s challenge to the ECI’s September 17 decision to freeze the All India Trinamool Congress name and its reserved ‘Flowers & Grass’ symbol amid competing claims by rival factions.
The commission subsequently allotted the name ‘Mamata All India Trinamool Congress’ and the ‘Football Player’ symbol to Banerjee’s faction. The rival group led by Ritabrata Banerjee was allotted the name ‘Democratic Trinamool Congress’ and the ‘Envelope’ symbol.
The interim arrangement applies to the October 6 Assembly by-elections in Nandigram and Rejinagar.
The ECI has clarified that the temporary allocation of names and symbols does not constitute a final decision on which faction is entitled to the original party identity.
