Supreme Court seeks update from Election Commission on TMC party name row

The poll body’s decision came 10 days after it announced bypolls in two Assembly constituencies in West Bengal – Nandigram and Rejinagar, for which both the factions have nominated candidates.

Appearing for Mamata, senior advocate Kapil Sibal said that the decision coming in the midst of the upcoming elections literally leaves him with no remedy. He said that the matter was before the Commission in July itself but was kept pending.

“Can the Election Commission delay matters, and then pass orders in the midst of elections knowing that I won’t have a remedy? You have passed this order in the midst of elections; I can’t file a writ petition, I can’t go to Court,” the senior counsel submitted.

“They could have passed this order much before the election, and I would have had a remedy”, he added, contending that “the intent… is to leave me without a remedy.”

Justice Bagchi said the interim arrangement in lieu of the upcoming bypolls “cannot be touched” as even the poll schedule has been notified.

To a pointed query whether the Commission has recorded prima facie satisfaction to say that the interim arrangement was needed to “place both the rival groups on even keel,” Sibal said “there was no consideration at all”.

CJI Kant pointed out that both sides have already filed nominations for the polls.

Meanwhile, senior advocate Mukul Rohatgi, appearing for Ritabrata faction, said it is not unusual for the Commission to pass such interim orders and cited the example of the dispute in the Shiv Sena.

Justice Bagchi, however, said, “We have seen what delay does in Shiv Sena case”. The court will hear the matter next on September 29.