The Supreme Court on Thursday asked the Election Commission of India (ECI) to indicate how much time it would require to decide the dispute between rival factions of the Trinamool Congress over the party’s name and election symbol.
A Bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana was hearing a plea by TMC leader Mamata Banerjee challenging the ECI’s interim decision to freeze the use of the All India Trinamool Congress name and its ‘Flowers & Grass’ symbol. The Commission had passed the interim order after rival factions submitted competing claims, and the matter is pending before it under Paragraph 15 of the Election Symbols Order.
Senior Advocate Kapil Sibal, appearing for Banerjee, questioned the timing of the ECI’s order, pointing out that it was passed after the election process had commenced. He submitted that the proceedings had been pending before the Commission since July and that the order could have been passed earlier, when the affected party would have had an opportunity to approach the Court.
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“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. This kind of order of an Election Commission, leaving a party to no remedy, is impermissible in law.”
The ECI submitted that the dispute involved rival factions and competing nomination papers and that the Commission would require time to consider affidavits and evidence. Counsel also referred to the Commission’s powers under Paragraphs 15 and 18 to issue interim directions while the substantive dispute remains pending.
The Bench then asked the ECI how much time would realistically be required to complete the final adjudication. The CJI indicated that the parties should be given a reasonable opportunity to present their evidence, but the proceedings should not be allowed to continue indefinitely.
Counsel for the petitioner sought a time-bound hearing, including day-to-day proceedings, while the ECI sought reasonable time for the parties to complete the evidentiary process. The Bench ultimately asked the ECI’s counsel to obtain instructions on the timeframe required for deciding the dispute. The matter will be taken up again on Monday.
The court directed that the ECI’s interim arrangement applies to the upcoming West Bengal by-elections, while the underlying dispute over the original TMC name and symbol remains pending before the Commission.