'We've...seen Sena case': SC seeks timeframe for settling TMC dispute
What's the story
The Supreme Court has asked the Election Commission of India (ECI) to expedite its decision on the symbol dispute between rival factions of the All India Trinamool Congress party. The court was hearing a petition filed by former West Bengal Chief Minister Mamata Banerjee against an ECI order freezing her party's name and symbol. The court sought a timeline from the ECI for resolution before adjourning the matter till next week on September 28.
Election proceedings
'How long for resolution?' SC asks ECI
"Give us a reasonable timeframe in which the parties are given a fair opportunity to lead their evidence, but the matter is not prolonged and you also get sufficient time to apply your mind. Something realistic," CJI Surya Kant asked, taking note of Banerjee's allegations of delay in adjudication of the dispute by ECI.
CJI Kant stressed a speedy decision was necessary because candidates from both the factions had filed nominations for the bye-elections claiming to be from Trinamool Congress.
Plea
'Can the Election Commission delay matters...'
At the outset, senior advocate Kapil Sibal, representing Banerjee, questioned the timing of the ECI order.
"Can the Election Commission delay matters, and then pass orders in the midst of elections knowing that I won't have a remedy? You have passed this order in the midst of elections; I can't file a writ petition, I can't go to court," Sibal submitted.
He said that the dispute had reached the ECI in July, but the matter was kept pending.
Sibal
Decide the matter in October: Sibal
"The intent of the Election Commission of India is to leave me without a remedy," Sibal further exclaimed.
The bench, however, reiterated that judicial intervention may be impossible now, in the midst of the election and since election schedules were already notified.
Sibal stressed that he did not intend to appeal the interim order and urged the ECI to decide the matter in October.
Disputed decision
We have seen what delay does in Shiv Sena: Judge
Senior Advocate Mukul Rohatgi for Ritabrata Banerjee submitted that the ECI has often passed such interim orders in cases such as the Shiv Sena, to which Justice Bagchi replied, "We have seen what delay does in Shiv Sena."
Rohtagi argued that an October deadline would be too short and sought more "breathing time."
After the name freeze, Banerjee's faction has been allotted the name "Mamata All India Trinamool Congress" while Ritabrata's faction has been given the name "Democratic Trinamool Congress."