The Supreme Court has highlighted the negative impact that delays in resolving disputes over a political party’s name and symbol can have on the electoral process. This statement was made during a hearing regarding a petition from former West Bengal Chief Minister Mamata Banerjee. The petition challenges the Election Commission of India’s (ECI) decision to freeze the Trinamool Congress’s name and its associated flower-and-grass election symbol.
The Election Commission has frozen the Trinamool Congress’s name and symbol after the party broke into two factions
The ECI had taken this decision after two factions of the Trinamool emerged following its defeat in the hands of the BJP in the last assembly election and an exodus thereafter of party leaders to a camp led by Ritabrata Banerjee. A few leaders remained on Mamata Banerjee’s side. To this, Sibal replied that they were not seeking a stay on the election. The Supreme Court then observed it could direct the ECI to conduct hearings everyday and give a decision – since the order to freeze the party name and symbol was an interim one. This can remain so till the dispute is sorted.
Justice Bagchi referred to the ECI’s position that under Paragraph 15 of the Election Symbols Act, the poll body can pass an interim order to freeze the party symbol and stop rival groups from using the original name and symbol in an ongoing or upcoming election.
Citing the ECI’s decision to freeze the party’s name and symbol and allot two pairs of temporary ones to both the Trinamool factions, Sibal said the matter was such that they cannot approach any court and instead, the court “adjudicate on the question of this law. The Supreme Court said it cannot intervene since the election process has already started. “We think the right order now can be for expeditious disposal and day-to-day hearing,” Chief Justice Kant said. Sibal said all they needed were the party name and symbol restored to them fast.
