SC agrees to hear Mamata's plea against TMC name freeze
What's the story
The Supreme Court has agreed to hear a petition filed by former West Bengal Chief Minister Mamata Banerjee challenging the Election Commission of India's (ECI) interim decision to freeze the All India Trinamool Congress (AITC) name and its reserved 'Flowers & Grass' election symbol ahead of the by-elections in Nandigram and Rejinagar. Senior Advocate Kapil Sibal mentioned the matter in court, seeking an urgent listing for Banerjee's plea.
Plea
How can this happen, asks Sibal
Sibal said that the proceedings before the ECI started in June and a reply was filed by the Mamata faction in July, but the symbol was frozen after the notification for by-elections was issued.
"Extraordinary things have happened....despite the fact that the proceedings started in June, we filed our reply in July, they don't do anything, and then they issue a notification, and in the middle of the notification they freeze the symbol....How can this happen?" Sibal asked.
Election dispute
ECI's interim decision ahead of by-elections
Chief Justice of India (CJI) Surya Kant then told Sibal not to argue the matter right away.
"Other side will also argue. Let it be listed," the CJI said.
"New milestones are being set by the Election Commission," Sibal responded.
The ECI's interim order came after rival factions of the TMC staked claim to the party's name and symbol.
The poll body heard representatives of both groups before passing its interim order on September 17.
Interim arrangement
Interim arrangement for upcoming by-elections
The ECI's interim arrangement prohibits both factions from using the AITC name and Flowers & Grass symbol for the upcoming by-elections.
Mamata's faction has been allotted the name 'Mamata All India Trinamool Congress' and 'Football Player' symbol.
The rival faction has been given 'Democratic Trinamool Congress' as its name and 'Envelope' as its symbol.
Symbol dispute
Banerjee vows to reclaim AITC identity
The ECI said the time available was insufficient to determine which of the two factions was the "real" party and therefore froze the original name and symbol pending a final decision.
Mamata has criticized the ECI's decision, calling it a "black day" in India's democratic history.
She compared losing the party's identity to a mother losing her child.
The former CM has vowed to reclaim the party's original identity and symbol through political, democratic, and legal means.