Journalism of Courage
‘Both sides will have something to say’: Supreme Court to hear TMC symbol case
Chief Justice of India Kant pointed out that the other side will also have submissions to make and asked Sibal to wait till the matter is listed for hearing.
Supreme Court to hear Mamata Banerjee's plea against freeze on party name, symbol on priority
The Supreme Court on Monday agreed to hear Mamata Banerjee’s petition challenging the Election Commission of India’s interim decision to freeze the name and ‘Flowers & Grass’ election symbol of the All India Trinamool Congress amid the factional feud within the party.
Senior Advocate Kapil Sibal, appearing for the petitioner, 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.
“Extraordinary things have happened. While the notification is on, despite the fact that the proceedings started in June, (and) we filed our reply in July, they don’t do anything, and then they issue a notification, and in the middle of the notification, they freeze the symbol. What’s going on? We just don’t understand how,” Sibal told the bench presided by Chief Justice of India Surya Kant and also comprising Justices Joymalya Bagchi and V Mohana.
Chief Justice of India Kant pointed out that the other side will also have submissions to make and asked Sibal to wait till the matter is listed for hearing.
“Both sides will have something to say. When the matter is listed, then argue. We will try to list,” the Chief Justice said.
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.
Story continues below this ad
The order said there wasn’t enough time to resolve the dispute before the bypolls. “In order to place both the rival groups on even keel and to protect their rights and interests, and going by past precedence”, neither group would be permitted to use the name All India Trinamool Congress and the party’s “flowers and grass” symbol, it said.
“Both the groups shall be known by such names as they may choose for their respective groups, including, if they so desire, linkage with their parent party ‘All India Trinamool Congress’… both the groups shall also be allotted such different symbols as they may choose from the list of free symbols notified by the EC for the purposes of the current bye-elections,” it said.
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.
Story continues below this ad
The Mamata Banerjee faction has said it would back the Congress candidate in Nandigram after its candidate withdrew her nomination.
© IE Online Media Services Pvt Ltd
Advertisement
Loading Recommendations...
Advertisement
Live Blog
Advertisement