New Delhi: The Supreme Court on Thursday directed the Election Commission of India (ECI) to respond by Monday on the time it is likely to take to decide the dispute between the two rival factions of the All India Trinamool Congress (AITC) on claim to the party election symbol and name.
Hearing a petition filed by AITC founder Mamata Banerjee challenging the interim order of the ECI freezing use of the original party symbol and name, the apex court said that the ECI has power to issue an interim order as the election schedule for by-elections in the state have been announced. However, the SC noted that the interim order is to operate till the final adjudication of the dispute for which it wished to get a response from the ECI. Clearly, we cannot touch the by-elections. The bench, also comprising justices Joymalya Bagchi and V Mohana, asked senior advocate Dama Sesadari Naidu appearing for ECI to take instruction on the time ECI will take to decide the dispute. “We want you to tell us a reasonable time where parties are given a fair opportunity but not to prolong the proceedings. However, he complained over the timing of the ECI decision that left him with no option. “If such orders are allowed to be passed, they will be passed in the midst of every election. Municipal elections in the state are coming up in November. The court’s suggestion was opposed by senior advocates Mukul Rohatgi and Neeraj Kishan Kaul appearing for the rival faction led by Ritabrata Banerjee.
A bench headed by Chief Justice of India (CJI) Surya Kant said, “The solution here is that the ECI must come to a final decision as early as possible before the next election takes place. We also want to know within what time you will get an opportunity to decide to adjudicate the dispute,” the bench said. Senior advocate Kapil Sibal appearing for Mamata told the apex court that he does not seek stay of elections. The proceedings before the ECI began in June and now when the by-election process is on, the interim order is passed depriving the party of its symbol and name, according to Sibal. I only have a request if the ECI can be asked to decide the main dispute in October,” Sibal said. Rohatgi said that in such matters, evidence has to be led which takes time and ECI has other work besides this case. Going by the experience in past cases involving rival factions of Shiv Sena and AIADMK, Rohatgi said that ECI should be given some “breathing space”. Kaul, too, told the top court that deciding the matter in one month is practically impossible.
Today, the elections are on, new symbols are given and candidates have filed their nominations.
The bench said that a possible solution could be that the ECI conducts a day-to-day hearing and complete hearing on this issue.
