The dispute concerns rival factions of the Trinamool Congress claiming control over the party’s name, election symbol and organisation. One faction is led by Mamata Banerjee, while the rival faction is led by West Bengal Assembly Leader of Opposition Ritabrata Banerjee. The Ritabrata faction has maintained that the tenure of the party’s old organisation has ended and that continuing it is illegal.
The Election Commission’s final decision in the dispute is still pending. In the meantime, ahead of the October 6 by-elections, the poll panel issued an interim order preventing both factions from using the original party name and the “Flowers and Grass” symbol. The Mamata faction was allotted the name “Mamata All India Trinamool Congress” and the “Football Player” symbol, while the Ritabrata faction was allotted the name “Democratic Trinamool Congress” and the “Envelope” symbol.
The interim arrangement was made after candidates from both factions had filed nominations claiming to represent the All India Trinamool Congress. The Election Commission said the dispute required substantive determination under the Election Symbols (Reservation and Allotment) Order, 1968.
A three-judge bench headed by Chief Justice Surya Kant, with Justices Joymalya Bagchi and V. Mohana, heard Mamata Banerjee’s plea. Senior advocate Kapil Sibal appeared for Banerjee and told the court that her faction had filed its response in July, but the Election Commission had not taken the matter forward before issuing the interim order amid the election process.
Sibal said he was not seeking a stay on the election. He urged the court to direct the Election Commission to decide the dispute in October, arguing that the issue could affect upcoming municipal elections as well. He also questioned the timing of the interim order, saying it had left Banerjee without an effective remedy to challenge the decision during the election process.
Senior advocate Mukul Rohatgi, appearing for the Ritabrata faction, said his side also wanted an early resolution but argued that the Election Commission needed to examine the evidence from both sides carefully. He said seeking a final decision in October was impractical because such disputes require evidence to be presented and examined.
Senior advocate Neeraj Kishan Kaul, appearing for the Election Commission, said the poll panel had no objection to an expeditious decision but argued that imposing a fixed deadline of 10 or 20 days would be unreasonable. He said the Commission had the power to issue appropriate interim directions while the substantive dispute was being decided.
The Supreme Court observed that both sides had filed nominations for the election and that an interim arrangement was therefore necessary. The bench indicated that the dispute should now be resolved without unnecessary delay, while ensuring that both factions receive a proper opportunity to present their evidence.
The court has asked the Election Commission to indicate the time required for the final adjudication and has posted Mamata Banerjee’s plea for further hearing on September 28. The substantive dispute over the original Trinamool Congress name and “Flowers and Grass” symbol remains pending before the Election Commission.
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