New Delhi: The Supreme Court Monday gave a four-month deadline to the Election Commission for clearing the dispute between the All India Trinamool Congress (AITC) rival factions of Mamata and Ritabrata Banerjee over the election symbol and name.
The poll panel had on 17 September issued a notice barring both the factions from using the name or symbol of the Trinamool Congress.
A bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana directed both the factions to file their affidavits in four weeks. After this, the EC must decide the dispute within three months, the top court bench directed.
Last week, Manata filed a plea in the top court challenging the Commission’s decision to freeze the AITC name and its ‘Flowers & Grass’ election symbol. The top court had refused to list it urgently.
Mamata’s counsel had sought an expeditious disposal of their case when the court asked the EC counsel about the time that would be taken by them for deciding it.
On Monday, EC counsel senior advocate D.S.Naidu asked for six months for deciding the same, noting there being many parties to hear the matter. However, Justice Bagchi noted that three months were enough to decide the same.
Justice Bagchi also suggested the use of Artificial Intelligence (AI) and machine learning tools by the EC to read through the files and documents.
The dispute
After the election results in Bengal, a breakaway faction emerged within the TMC party, triggering a high-stake battle over which faction truly represented the original Trinamool Congress.
Both Mamata and Ritabrata filed competing claims before the EC, asserting ownership over the authentic party name and identity.
For the bye-elections scheduled for 6 October, the EC had interimly allotted the name ‘Mamata All India Trinamool Congress’ and the ‘Football Player’ symbol to the faction led by Mamata Banerjee. The name ‘Democratic Trinamool Congress’ and the ‘Envelope’ symbol have been given to the rival faction led by Ritabrata Banerjee.
The main dispute falls under the purview of Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968, which grants the EC the sole power to resolve disputes and decide which rival faction or splinter group represents a recognised political party. The EC decision will be binding on all rival sections and groups that stake a claim to the party’s name and symbol.
(Edited by Tony Rai)