Supreme Court agrees to list Mamata Banerjee plea against ECI freeze on Trinamool Congress name, symbol

The Supreme Court on Monday said that it will list the petition filed by former West Bengal Chief Minister Mamata Banerjee challenging the Election Commission of India’s (ECI) interim decision to freeze the All India Trinamool Congress (AITC) name and its reserved Flowers & Grass election symbol.

The matter was mentioned before the Court by Banerjee'c counsel, Senior Advocate Kapil Sibal, who said that the proceedings before the ECI had commenced in June and a reply was filed by Banerjee faction of TMC in July, but the symbol was frozen after the notification for by-elections to Nandigram and Rejinagar was issued.

He sought an urgent listing of the plea.

"We are moving on behalf of Mamata Banerjee on this whole process that's going on of freezing the symbol. Extraordinary things have happened. While the notification is on, despite the fact that the proceedings started in June, we filed our reply in July, they don't do anything, and then they issue a notification, and in the middle of the notification they freeze the symbol. What's going on? We just don't understand how. That's why I want urgent listing. We want stay on all this. How can this happen?" Sibal asked.

Chief Justice of India (CJI) Surya Kant told Sibal not to argue the matter right away since the other side would also have arguments to make.

"Don't argue now. Other side will also argue. Let it be listed," the CJI said.

"New milestones are being set by the Election Commission," Sibal alleged.

"It will be listed," the CJI said.

The dispute arose after rival factions led by Banerjee and West Bengal Leader of Opposition Ritabrata Banerjee staked claim to the Trinamool Congress name, symbol and organisational control. The Election Commission heard representatives of both groups before passing its interim order on September 17.

The Election Commission’s interim arrangement prevents both factions from using the All India Trinamool Congress name and the Flowers & Grass symbol for the upcoming West Bengal Assembly by-elections.

The Mamata Banerjee-led faction has instead been allotted the name Mamata All India Trinamool Congress and the Football Player symbol. The rival faction has been allotted the name Democratic Trinamool Congress and the Envelope symbol.

The arrangement assumes significance in view of the Assembly by-elections to Nandigram and Rejinagar constituencies scheduled for October 6.

The dispute over control of the party had reached the Election Commission after the Ritabrata Banerjee faction asserted that the existing organisational structure had ceased to be valid. The Mamata Banerjee camp contested this position and maintained that its organisational structure continues to be valid.

The petition by Banerjee before the Supreme Court was filed on September 18 through advocate Abhinav Singh.

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