Naidu: My Lords, may kindly have it on Monday. I'll get instructions.
Hearing ends, matter will be further heard on September 28 (Monday).
Mamata Banerjee TMC Symbol Case LIVE: Hearing ends
Mamata Banerjee had earlier sought urgent hearing of her plea before the Supreme Court. TMC Symbol Freeze Case Hearing Highlights: The Supreme Court on Thursday asked the Election Commission of India how much time it requires to decide the dispute between two rival factions of the All India Trinamool Congress party. The court sought the ECI’s response while hearing Mamata Banerjee’s plea challenging the ECI’s interim decision to freeze the name All India Trinamool Congress and its election symbol ‘Flowers & Grass’ amid the factional feud within the party. A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana has adjourned the matter for further hearing on September 28.
The Election Commission on September 18 ordered a freeze on the name and election symbol of Trinamool Congress and directed the two rival factions to select new names and symbols until the dispute is resolved. The poll body’s decision came 10 days after it announced the bypolls for which both the factions, led by Mamata Banerjee and Arup Roy, nominated candidates. The Banerjee-led faction is now contesting the election on a footballer symbol and the rebel camp on an envelope symbol.
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Plea before court
The petition contends that the Election Commission’s action is without legal basis and is based on an erroneous and baseless representation dated June 22, 2026, submitted by Ritabrata Banerjee. It further states that the EC’s order freezing the AITC’s symbol is unlawful and contrary to the democratic principles enshrined in the Constitution. It also states that the order is non-speaking and violative of Article 14 of the Constitution. The plea states that it raises a substantial question of law, namely, whether an interim order can be passed by the ECI after the announcement of the bye-elections, disturbing the status quo and causing prejudice to petitioner. In her plea filed in the apex court, Banerjee has made the Election Commission and Ritabrata Banerjee, Leader of the Opposition in the West Bengal Assembly, as party respondents.
The Election Commission had allotted separate names and symbols to the two rival factions following its interim decision to bar both groups from using the ‘All India Trinamool Congress’ name and its reserved symbol pending a substantive determination of the dispute. In its interim order, the poll panel, after hearing leaders of the two factions led by Banerjee and Arup Roy, said the matter requires substantive determination by the poll body under provisions of the Election Symbols (Reservation and Allotment) Order 1968.
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Mamata Banerjee TMC Symbol Case LIVE: Hearing underway
Sibal: The order of freezing the symbol should be decided. At least that should be decided.
CJI: Mr Naidu, find out that for final adjudication how much time are you expecting.
Senior advocate DS Naidu (for ECI): I will get instructions.
CJI: We we are not saying anything because in paragraph 39 (of EC order), the commission says, "And there in order to cover the purpose of the current by-elections and to continue till the final determination of the dispute in the matter in terms of paragraph 15...", So how much time do you expect in which the parties are given fair opportunity to give their evidence.
Mamata Banerjee TMC Symbol Case LIVE: Hearing underway
Justice Bagchi: We have to work out a solution where the EC is in charge of the election process...
Sibal: If you allow this and let it go, such orders will be passed again...Tell him to decide in October.
Mamata Banerjee TMC Symbol Case LIVE: Hearing underway
Sibal: You cannot allow a commission to do it...In another state, another election, he will pass an order....This kind of order of an Election Commission leaving a party to no remedy is impermissible in law.
CJI: The order may be illegal, or the order may be right. But to say that an authority who is to pass a final order can't pass an interim order...
Sibal: He can pass, I am not saying he can't. I said do it before you announce the election.
Mamata Banerjee TMC Symbol Case LIVE: Hearing underway
Justice Bagchi: There's a solution here that Election commission come to a final decision on this matter as quickly as possible.
Sibal: If you allow this order to remain, they will pass this order in every election....That means in the middle of an election, you pass an order.
Mamata Banerjee TMC Symbol Case LIVE: Hearing underway
Justice Bagchi: Today the election process is on. There are these symbols given. The candidates have filed their nominations.
Sibal: I am not asking for stay.
Mamata Banerjee TMC Symbol Case LIVE: Hearing begins
Sibal: I can't file a writ petition. I can't go to any court.
Mamata Banerjee TMC Symbol Case LIVE: Hearing begins
Sibal: I can't ask for stay of election but this process is completely wrong...Why should he make an order in the midst of the election schedule? I don't have a remedy then.
CJI: See, your problem stands solved with maybe that we are required to issue a direction to the commission that they should start hearing the matter in due course of time on day-to-day basis or whatever evidence or proof you have to lead and decide it.
Sibal: I am requesting your lordship to consider the question of law. Can you pass an order? Can the election commission delay matters, pass an order in the midst of a schedule of elections knowing full well that I don't have a remedy? I don't have a remedy because you have passed this order in the midst of the schedule.
Mamata Banerjee TMC Symbol Case LIVE: Hearing begins
Court takes up the matter.
Mamata Banerjee TMC Symbol Case LIVE: Listed as item number 26
Bench has assembled. The matter is listed as item number 26, to be taken up in some time.
Mamata Banerjee TMC Symbol Case LIVE: EC's order
The Election Commission on September 18 ordered a freeze on the name and election symbol of Trinamool Congress and directed the two rival factions to select new names and symbols until the dispute is resolved.
“On due consideration of the totality of information available on record… the Commission is of the opinion that there are two rival groups in the All India Trinamool Congress, one led by Ms Mamata Banerjee and the other led by Shri Arup Roy, and each group is now claiming to be the party and therefore the matter requires a substantive determination by the Commission under Para 15 of the Election Symbols (Reservation & Allotment) Order 1968,” the Election Commission order said.
Mamata Banerjee TMC Symbol Case LIVE: Supreme Court to hear plea today
Earlier, senior advocate Kapil Sibal, appearing for Banerjee, had sought urgent listing of the matter. Sibal took exception to the Election Commission’s decision and said it was taken after the bypolls in two Assembly constituencies in West Bengal — Nandigram and Rejinagar — were announced.
Mamata Banerjee TMC Symbol Case LIVE: Supreme Court to hear plea today
A three judge bench headed by CJI Surya Kant will shortly hear Mamata Banerjee’s plea challenging the Election Commission of India’s interim decision to freeze the name All India Trinamool Congress and its election symbol ‘Flowers & Grass’ amid the factional feud within the party.
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