The Supreme Court on Monday granted 20 more days to the two rival factions of the All India Trinamool Congress to complete their pleadings before the Election Commission in the dispute over the party’s name and its ‘flowers and grass’ election symbol.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order after hearing submissions from senior advocate and MP Kalyan Banerjee, representing the Mamata All India Trinamool Congress, and senior advocate K Parmeswar, appearing for the Ritabrata Banerjee-led Democratic Trinamool Congress.
At the outset, Kalyan Banerjee told the court that the Ritabrata Banerjee-led faction had not filed the requisite pleadings before the poll panel. Parmeswar said the faction could not procure non-judicial stamp papers needed to file certain documents because of Dussehra festivities in the state and sought additional time.
The bench granted the Democratic Trinamool Congress 10 days to file its counter-affidavit and other documents before the Election Commission. It gave the Mamata faction another 10 days to file its rejoinder and relevant documents after the rival faction submits its response.
The court clarified that either faction would be free to challenge the admissibility of documents submitted by the other side in support of its claims.
On September 28, the bench had directed the Election Commission to decide the dispute within four months. It had also asked the two factions to complete their pleadings, following which the poll panel was to decide the matter within three months.
The case arises from a plea filed by former West Bengal chief minister Mamata Banerjee challenging the Election Commission’s decision to freeze the TMC’s name and reserved election symbol pending a final determination of the dispute.
On September 17, the poll panel allotted the name Mamata All India Trinamool Congress and the ‘football player’ symbol to the Mamata Banerjee-led faction. The Ritabrata Banerjee-led faction was allotted the name Democratic Trinamool Congress and the ‘envelope’ symbol.
The Election Commission had said the dispute required substantive determination under the Election Symbols (Reservation and Allotment) Order, 1968, and barred both factions from using the original party name and reserved symbol in the interim.
A similar dispute involving the Shiv Sena is pending before the Supreme Court. On September 24, the court asked the Election Commission to suggest a reasonable timeline for deciding the matter, ensuring both sides a fair opportunity to present their evidence.
(With inputs from PTI)
