New Delhi: The Supreme Court on Monday agreed to urgently list a plea filed by former West Bengal Chief Minister Mamata Banerjee challenging the Election Commission’s interim decision to freeze the Trinamool Congress’ name and reserved election symbol amid a dispute between rival factions of the party.
Senior advocate Kapil Sibal mentioned the matter before a Bench headed by Chief Justice Surya Kant and comprising Justices Joymalya Bagchi and V Mohana, seeking an urgent hearing.
“They issue a notification and in the middle of notification, they freeze the symbol. What is going on? We want urgent listing,” Sibal submitted, according to reports.
The Election Commission had on September 17 issued an interim order preventing both rival factions from using the ‘All India Trinamool Congress’ name and the party’s reserved ‘Flowers and Grass’ symbol for the upcoming elections. The Commission said the dispute required substantive determination under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968.
What Names And Symbols Did The EC Give The Two TMC Factions?
Following the interim freeze, the Election Commission allotted separate names and symbols to the two factions for the upcoming elections.
The faction led by Mamata Banerjee was allotted the name ‘Mamata All India Trinamool Congress’ and the ‘Football Player’ symbol.
The rival faction led by Arup Roy was allotted the name ‘Democratic Trinamool Congress’ and the ‘Envelope’ symbol.
The arrangement was made to allow candidates from both factions to contest while the Election Commission continues its substantive consideration of the dispute.
Why Has Mamata Banerjee Moved The Supreme Court?
Banerjee has challenged the EC’s interim decision, seeking judicial intervention against the freezing of the party’s original name and symbol.
The dispute has emerged from a split within the TMC, with rival groups claiming control over the party. The Election Commission has said the matter requires a substantive determination under the election-symbols framework.
Banerjee had criticised the EC’s decision on September 18, describing it as a “black day” and saying she would continue to fight for the original party identity and symbol through political, democratic and legal means.
What Happens To The TMC Name And Symbol Now?
The Supreme Court’s decision to urgently list Banerjee’s plea does not itself restore the original TMC name or symbol.
For now, the EC’s interim arrangement remains relevant to the upcoming elections, unless the Supreme Court passes a further order changing the position.
The Election Commission’s substantive proceedings concerning the rival claims to the party’s identity are also pending.
Why Is The Case Urgent?
The legal dispute comes ahead of the October 6 bypolls in Nandigram and Rejinagar in West Bengal. The timing of the EC’s interim arrangement has made the party identity and election symbol an immediate issue for candidates and voters.
The Supreme Court’s agreement to urgently list the matter means the challenge will now be considered on a priority basis as the election process moves forward.
The case could determine, at least in the immediate term, whether the EC’s interim arrangement remains in place during the bypoll process while the larger dispute over the TMC’s organisational identity continues before the poll panel.
