Bengal bypolls: ISF plea challenging re-assignment of ‘envelope’ symbol dismissed

The Calcutta High Court questioned the decision to allot the symbol to another party but noted as to how far it can intervene at this stage.

The building of Calcutta High Court. (Express Archive Photo by Partha Paul)Calcutta High Court dismissed the Indian Secular Front's (ISF) petition challenging the decision to allot the envelope symbol to the Democratic Trinamool Congress (Express file photo by Partha Paul).

In a setback for the Indian Secular Front (ISF), the Calcutta High Court Wednesday dismissed its plea challenging the allocation of the “envelope” symbol to the Democratic Trinamool Congress.

A single-judge bench of Justice Krishna Rao dismissed the petition after hearing both sides. The Election Commission assigned the envelope symbol to the newly formed Democratic Trinamool Congress for the upcoming bypolls in Nandigram and Rejinagar.

The ISF had challenged the Election Commission’s decision to allot the symbol to DTC and moved the Calcutta High Court.

During the extensive hearings, the court had also expressed displeasure over the actions of the Election Commission and questioned its decision to allot the symbol to another party.

In the last hearing, senior counsel Jishnu Chowdhury representing the Election Commission had submitted, “They had selected the envelope for the general election. They were allotted the symbol on March 10. Then the general election was held.”

‘Free symbol, no one has a right’

Justice Rao had observed, “What has this symbol been given to another political party and denied to this party that is the only question if you had not allotted there was no cause of action but you have allotted. They have made out a case that this symbol being given to another party will benefit that party.”

According to the Election Commission, “this is a free symbol, so nobody has a right.”

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The court had further observed, “The case of the petitioner was not kept in mind; where is the petitioner’s allotment request. If there are two requests for one symbol, then what is the duty of the Election Commission? Will it give the symbol to one party and not to the other party? This is the continuation of the general elections.”

Senior Advocate Bikash Bhattacharya appearing for the ISF submitted, “Discretion must be applied. Reasonably discretion cannot be like an autocrat.”

The court further observed, “If the election commission has been guided by the private respondent, what remains further?”

But the court also observed how far it could intervene at this stage. “Now that the symbol has been allotted and things have been going on, how can this interfere in the matter at this stage?”

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The ISF counsel submitted that, in order to facilitate the elections correctly, the court has the power, and that the allotment of a symbol was absolutely illegal.

Tanusree Bose is a dedicated journalist reporting for The Indian Express from Kolkata. Her work focuses sharply on the complex administrative, political, and judicial developments across West Bengal, establishing her as an authoritative voice in regional news coverage. Experience  Current Role: Reports for the prestigious national daily, The Indian Express, providing her content with a high level of Trustworthiness. Geographical Expertise: Provides focused, in-depth coverage of West Bengal, demonstrating an intimate knowledge of the state's news and political nuances. Core Authority: Her reporting portfolio highlights deep Expertise in crucial, often sensitive, beats, including: State Politics and Governance: Covering the ruling Trinamool Congress (TMC), opposition strategies (BJP), and internal political controversies. Judicial and Administrative Affairs: Closely monitoring key developments in the Calcutta High Court, particularly major rulings related to employment, education, and social issues. Education Sector: Extensive reporting on significant controversies, such as teacher recruitment irregularities and administrative actions by the West Bengal Board of Secondary Education (WBBSE). Social & Electoral Issues: Covering public events, community tensions (e.g., religious/political gatherings), and election-related processes like the Special Intensive Revision (SIR) of the electoral roll. Tanusree Bose's consistent output and focus on high-stakes regional issues for a trusted media outlet underscore her status as a reliable and authoritative source for news from West Bengal. ... Read More

 

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