The Supreme Court on Thursday directed the Election Commission of India (ECI) to respond by Monday on how long it will take to decide the bitter dispute between rival factions of the All India Trinamool Congress (AITC) over the party symbol and name.
A bench headed by Chief Justice of India (CJI) Surya Kant said the ECI has the power to issue an interim order since the bypolls in the state had been announced.
“We want you to tell us a reasonable time where parties are given a fair opportunity but not to prolong the proceedings. “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. “You should join in this cause with the petitioner. It is better for you that the matter is decided expeditiously.
Clearly, we cannot touch the bye-elections,” the bench, also comprising justices Joymalya Bagchi and V Mohana, said. We also want to know within what time you will get an opportunity to decide to adjudicate the dispute,” the bench said. I only have a request if the ECI can be asked to decide the main dispute in October,” Sibal said. The court told the lawyers for the rival faction that the parties concerned should cooperate. The delay will not ensure the benefit of both sides,” the bench said.
“The solution here is that the ECI must come to a final decision as early as possible before the next election takes place. Today, the elections are on, new symbols are given, and candidates have filed their nominations.
The bench said a possible solution could be for the ECI to conduct a day-to-day hearing and a complete hearing on this issue. Rohatgi said that in such matters, evidence has to be led, which takes time, and the ECI has other work besides this case. Drawing on experience from past cases involving rival factions of the Shiv Sena and AIADMK, Rohatgi said the ECI should be given some “breathing space”. Kaul too told the court that deciding the matter in one month was practically impossible.
