New Delhi, Sep 21 (IANS): Trinamool Congress (TMC) chief Mamata Banerjee on Monday sought urgent listing of her plea in the Supreme Court challenging the Election Commission of India’s (ECI) decision to freeze the party’s name and election symbol amid the ongoing dispute between rival factions.
Mentioning the matter before Chief Justice of India (CJI) Surya Kant, senior advocate Kapil Sibal, who appeared on behalf of Mamata Banerjee, sought urgent listing of the plea.
“They (ECI) issue a by-poll notification and in the middle of notification, they freeze the symbol. We want urgent listing,” Sibal submitted. At this, the CJI said that the rival side would also have submissions to make and assured that the matter would be considered for listing.
“Both sides will have something to say. When the matter is listed, then argue. We will try to list,” CJI Kant said.
The plea has been filed by Mamata Banerjee challenging ECI’s interim decision to freeze the name “All India Trinamool Congress” and its reserved “Flowers and Grass” election symbol amid the dispute between the rival factions of the party.
The ECI had on Thursday passed an interim order barring both factions from using the TMC’s existing name and symbol, observing that there were two rival groups claiming to be the recognised political party and that the dispute required a substantive determination under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968. The poll panel subsequently allotted alternative names and symbols to the two factions for the upcoming by-elections.
Mamata Banerjee-led faction was allotted the name “Mamata All India Trinamool Congress” and the “football player” symbol, while the rival faction was allotted the name “Democratic Trinamool Congress” and the “envelope” symbol.
The ECI’s interim arrangement applies to the October 6 by-elections in West Bengal, including the Nandigram and Rejinagar Assembly constituencies. The Mamata-led faction has challenged the ECI decision in the Supreme Court, with the plea questioning the freezing of the party’s established name and symbol pending the final determination of the dispute.
Mamata-led faction has maintained that it does not accept the ECI’s interim order, while the rival camp led by expelled legislator Ritabrata Banerjee has claimed control over the party’s organisational and legislative structures. The dispute had also spilled over into Parliament, where 20 rebel TMC Lok Sabha MPs had broken away and aligned themselves with the Nationalist Citizens Party of India (NCPI), claiming recognition as a separate parliamentary group.
The Mamata-led faction had challenged the delay by Lok Sabha Speaker Om Birla in deciding disqualification petitions against the 20 rebel MPs under the anti-defection law. On August 25, the Supreme Court had issued notice to the 20 rebel MPs on a plea filed by TMC National General Secretary Abhishek Banerjee, while refraining from issuing notice to the Lok Sabha Speaker.
Solicitor General Tushar Mehta, appearing for the Speaker, had informed the top court that notices had already been issued to the 20 MPs in the disqualification proceedings. The apex court had thereafter sought responses from the rebel MPs.
The TMC has maintained that the MPs were elected on its symbol and that their subsequent decision to join another political formation attracts the provisions of the anti-defection law. However, the rebel faction has claimed the support of more than two-thirds of the TMC’s Lok Sabha MPs and sought recognition as a separate parliamentary group.
The dispute over the party’s organisational control subsequently reached the ECI, with both sides staking claim to the TMC name and symbol. The poll body’s interim order said the temporary arrangement was intended to place the rival groups on an even footing and protect their respective rights and interests until a final determination of the dispute.
