New Delhi: The Supreme Court on Monday fixed a time-bound schedule for deciding the dispute over the Trinamool Congress name and its reserved “Flowers and Grass” symbol, giving the rival factions four weeks to complete their affidavits and documents and directing the Election Commission of India (ECI) to decide the dispute within three months thereafter.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana passed the directions while hearing Mamata Banerjee’s petition challenging the Commission’s interim order freezing the party name and symbol amid competing claims by rival Trinamool factions.
“Three Months Have Already Gone”
Senior Advocate Kapil Sibal, appearing for Mamata Banerjee, opened the hearing by saying that he was looking for a statement on the time within which the dispute would be concluded.
Senior Advocate D.S. Naidu, appearing for the ECI, referred to four earlier instances in which the Commission had decided disputes concerning party symbols and placed the corresponding timelines before the Court.
“Three months have already gone. Finish it within three months. Deploy your AI technology,” Justice Bagchi orally remarked.
Naidu requested that any period fixed by the Court should begin only after the process of filing affidavits was completed, submitting that the material filed in such disputes could run into lakhs of documents.
Justice Bagchi asked whether the pleadings were complete from Mamata Banerjee’s side, to which Sibal replied in the affirmative.
Court Declines To Prescribe ECI’s Procedure
The Chief Justice made it clear that the Court was not inclined to prescribe the procedure the Election Commission must follow while adjudicating the rival claims. The Bench observed that cooperation from both sides would be important for completing the process within the stipulated period.
Senior Advocate Kalyan Banerjee urged the Court to examine the nature of the rival claim, submitting that no party could be permitted to travel beyond its pleadings. The Commission, meanwhile, referred to the pressure on its resources because elections were approaching in five States.
Four Weeks For Documents, Three Months For Decision
Dictating the order, the Bench noted that Mamata Banerjee’s petition sought the quashing of the ECI’s interim order freezing the Trinamool Congress symbol for the forthcoming by-elections.
The Court recorded that the Commission had stated in paragraph 39 of its interim order that the freeze was intended to place both rival groups on an even footing, protect their respective rights and follow past precedent until the dispute was finally determined under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968.
The Bench also took note of the chart supplied by the ECI setting out the time taken to decide earlier symbol disputes. It indicated that it was inclined to draw upon the timelines followed in two of those past matters.
The Court granted four weeks to the parties to place their affidavits and supporting documents before the Commission. Once that exercise is completed, the ECI will have three months to decide the underlying dispute.
The operative directions do not prescribe how the Commission must conduct the adjudication. They instead establish an outer schedule for completing the record and delivering the final decision. The interim arrangement over the name and symbol continues while the substantive dispute remains pending.
Previous Hearing And Bypoll Context
At the previous hearing, LawChakra reported that the Supreme Court had asked the Commission to propose a reasonable timeline and indicated that the dispute should be decided expeditiously. Justice Bagchi had referred to the consequences of delay in the Shiv Sena litigation.
The Commission’s September 17 interim order barred both groups from using the name “All India Trinamool Congress” and the reserved “Flowers and Grass” symbol for the October 6 Nandigram and Rejinagar bypolls. The Mamata Banerjee-led group was subsequently allotted the name “Mamata All India Trinamool Congress” and the “Football Player” symbol, while the rival group received a separate name and symbol.
As explained in LawChakra’s report on the interim order, the final determination under Paragraph 15 will decide which group, if either, is entitled to be recognised as the original party and use its reserved symbol.
Case: Mamata Banerjee v. Election Commission of India and Others
Bench: CJI Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana
Status: Parties granted four weeks to complete affidavits and documents; ECI directed to decide the symbol dispute within three months thereafter.
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