Supreme Court sets deadline for ECI to decide TMC name and symbol dispute

The Supreme Court on Monday fixed a deadline for the Election Commission of India (ECI) to decide on which of the two Trinamool Congress (TMC) factions is entitled to use the TMC name and its "flower and grass" symbol.

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana today directed both TMC factions to complete pleadings in the matter within four weeks.

The ECI has been directed to give its final verdict on the matter within three months after such pleadings are submitted.

The ECI's counsel requested that six months be allowed to decide the dispute. However, the Court rejected this request.

"Three months is good enough," said Justice Bagchi today.

"It is very difficult," the ECI's counsel persisted.

"If some extreme exigency arises, come before us," the Court replied.

The Court passed the order on a plea by TMC leader Mamata Banerjee challenging the ECI's September 17 interim order freezing the All India Trinamool Congress name and its reserved "flowers and grass" symbol, until it takes a final decision on which of two rival TMC camps is the real TMC.

The dispute is tied to an internal split of the TMC, after the BJP won the West Bengal State Assembly elections in May and replaced the TMC-led State regime.

Shortly after the poll results, ten TMC Members of the Legislative Assembly (MLAs), led by incumbent Leader of Opposition Ritabrata Banerjee, rebelled against the party led by Mamata Banerjee and formed a new TMC camp.

Presently, the rebel TMC camp identifies itself as AITC-Democratic. The camp led by Banerjee has been dubbed the AITC-Mamata faction.

Both TMC factions have claimed that they are the real TMC. This question has been pending before the ECI, which on September 17 decided to freeze the TMC name and symbol until a final decision is made.

The ECI's interim arrangement prevents both factions from using the All India Trinamool Congress name and symbol for the upcoming West Bengal Assembly by-elections.

For now, both TMC factions were also allotted revised names and symbols by the EC. The Mamata Banerjee-led faction was given the name Mamata All India Trinamool Congress and the football player symbol. The rival faction was 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.

After ECI's interim order, Mamata Banerjee approached the Supreme Court to challenge the ECI's interim freeze on the TMC name and symbol. In the last hearing of the matter, the Court had impressed upon the ECI of the need to expedite its decision. Today, it proceeded to set a timeline for a the ECI's final verdict in the matter.

Senior Advocates Kapil Sibal and Kalyan Banerjee represented Mamata Banerjee.

Senior Advocate Mukul Rohatgi, represented the AITC-Democratic.

Senior Advocates Dama Seshadri Naidu and Neeraj Kishan Kaul represented the ECI.

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