New Delhi: The Supreme Court on Monday directed the Election Commission to decide within four months the dispute between the two rival factions of the All India Trinamool Congress over the party name and ‘flowers and grass’ election symbol.
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A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana asked the rival factions to complete their pleadings before the poll panel within four weeks.
The bench directed the Election Commission to decide the issue within three months after the parties complete their pleadings.
The top court passed the order while hearing a plea filed by former West Bengal chief minister Mamata Banerjee against the EC's decision to freeze the TMC's name and party symbol.
"We grant four weeks' time to the contesting respondents/ petitioners to place on record their affidavits/additional affidavits etc. The pleadings be completed within four weeks," the bench said, adding the poll panel would then take three months to decide the matter.
While hearing the matter on September 24, the apex court had asked the EC to apprise it of the time frame within which it can finally decide the dispute between the two rival factions.
On Monday, senior advocate D S Naidu, appearing for the poll panel, referred to four past instances when the EC had to decide the symbol matter.
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He said such matters take time as documents and affidavits from party workers come in huge numbers.
"Three months have gone by. Within the next three months, you decide this," the bench told Naidu.
The top court observed that the poll panel can make use of AI tools and take help of technology.
Naidu said that the time frame should be fixed from the date the parties complete their pleadings.
Senior advocate Kapil Sibal, appearing for Banerjee, said they have already filed their responses in July but the other side has not yet done so.
Naidu told the bench that assembly elections in some states are scheduled to come up and the EC needed to focus its resources there also.
When the bench asked the EC to finally decide the matter within three months of the completion of pleadings, Naidu requested that some more time be given. The bench said in case of any exigency, the poll panel may approach the court.
The EC on September 17 allotted separate names and symbols to the two rival factions following its interim decision to bar both groups from using the 'All India Trinamool Congress' name and its reserved symbol pending a substantive determination of the dispute.
The poll panel allotted the name 'Mamata All India Trinamool Congress' and the 'Football Player' symbol to the Mamata Banerjee-led faction, while the Ritabrata Banerjee-led faction was allotted the name 'Democratic Trinamool Congress' and the 'Envelope' symbol.
Assembly bypolls to Nandigram in East Medinipur district and Rejinagar in Murshidabad district of West Bengal are scheduled for October 6, with vote counting on October 9.
In its interim order, the poll panel, after hearing leaders of the two factions led by Banerjee and Arup Roy, said the matter requires substantive determination by the poll body under provisions of the Election Symbols (Reservation and Allotment) Order 1968.
A similar case related to Shiv Sena is before the apex court, which had on September 24 said the dispute should be decided expeditiously and asked the EC to suggest a ‘reasonable’ time frame that would allow both sides a fair opportunity to present their evidence while enabling the EC to reach a final decision.
