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Supreme Court to take up Mamata's plea against EC freeze on Trinamool Congress name, symbol
CJI Surya Kant agreed to expedite the listing after Kapil Sibal told the court that the panel had acted while the factional dispute was ongoing.
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The Supreme Court on Monday agreed to urgently list former West Bengal chief minister Mamata Banerjee’s challenge to the Election Commission’s decision to freeze the All India Trinamool Congress (AITC) name and its “Flowers and Grass” election symbol.
Chief Justice of India Surya Kant agreed to expedite the listing after senior advocate Kapil Sibal, representing the TMC leader, told the court that the poll panel had acted while the factional dispute was still under consideration.
“Something extraordinary has happened. The notice was issued in June and we filed our reply in July. While all this is on, the symbol has been frozen. What is going on?” Sibal told the bench while seeking an early listing of Banerjee’s plea.
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The CJI, however, said both sides would have an opportunity to present their arguments when the matter was taken up. “Whenever the matter is listed, please argue these points at the time. Both sides will have something to say,” said the CJI.
When Sibal sought an early hearing, the CJI said: “We will try and list it in this week itself.”
Mamata Banerjee's SC plea
Banerjee moved the Supreme Court on September 18, hours after the Election Commission allotted separate names and symbols to the two rival factions following its September 17 interim order freezing the original party identity for the upcoming by-elections.
The poll panel has named Banerjee’s faction “Mamata All India Trinamool Congress” and allotted it the “Football Player” symbol. The rival faction has been recognised as “Democratic Trinamool Congress” and allotted the “Envelope” symbol. The arrangements apply to the upcoming bypolls, including those in Nandigram and Rejinagar in West Bengal.
The Election Commission’s September 17 order came after rival groups staked claim to the party name, symbol and organisational control. The commission said there were two rival groups, one led by Banerjee and the other by the opposing faction, and that the dispute required a substantive determination under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968.
A court in West Bengal’s Purba Medinipur district on Monday remanded Congress’ Nandigram bypoll nominee Milan Pradhan to 14-day judicial custody in connection with a case under the Arms Act registered nearly two decades ago. Pradhan was sent to judicial custody till October 5 by the Contai court, his counsel Ayan Bhattacharjee said, adding that he will challenge the order before the Calcutta High Court.
