A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order after taking note of the submissions of senior lawyer and MP Kalyan Banerjee, appearing for the Mamata All India Trinamool Congress, and senior advocate K Parmeswar who represented the Ritabrata Banerjee-led faction.
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At the outset, Banerjee said that the Ritabrata Banerjee-led faction, which was allotted the name Democratic Trinamool Congress, has not filed the requisite pleadings before the Election Commission.
On September 28, the bench had directed the Election Commission to decide within four months the dispute between the two rival factions over the party name and the “flowers and grass” election symbol.
Responding to the submissions, Parmeswar said that due to Dussehra festivities in the state, they could not find non-judicial stamp papers to file certain documents before the poll panel.
He sought some more time for doing the needful.Finally, the bench granted 10 days’ time to the Democratic Trinamool Congress to file the requisite counter affidavit and other documents before the poll panel.
It also granted 10 days’ time to the Mamata faction to file a rejoinder and other relevant documents after the Democratic Trinamool Congress files its response before the Election Commission.
The bench made clear that either party will have the liberty to question the admissibility of documents which would be filed before the poll panel in support of their respective claims.
Earlier, the bench had asked the rival factions to complete their pleadings in the proceedings before the poll panel. The bench had directed the Election Commission to decide the issue within three months after the parties complete their pleadings.
The top court had passed the order while hearing a plea filed by former West Bengal chief minister Mamata Banerjee against the EC’s decision to freeze the TMC’s name and party symbol.
While hearing the matter on September 24, the apex court had asked the EC to apprise it of the time frame within which it can finally decide the dispute between the two rival factions.
The EC on September 17 allotted separate names and symbols to the two rival factions following its interim decision to bar both groups from using the All India Trinamool Congress name and its reserved symbol pending a substantive determination of the dispute.
The poll panel allotted the name Mamata All India Trinamool Congress and the “football player” symbol to the Mamata Banerjee-led faction, while the Ritabrata Banerjee-led faction was allotted the name Democratic Trinamool Congress and the “envelope” symbol.
Assembly bypolls to Nandigram in East Medinipur district and Rejinagar in Murshidabad district of West Bengal are scheduled for October 6, with vote counting on October 9.
In its interim order, the poll panel, after hearing leaders of the two factions led by Banerjee and Arup Roy, said the matter requires substantive determination by the poll body under provisions of the Election Symbols (Reservation and Allotment) Order, 1968.
A similar case related to the Shiv Sena is before the apex court, which on September 24 said the dispute should be decided expeditiously and asked the EC to suggest a “reasonable” time frame that would allow both sides a fair opportunity to present their evidence while enabling the EC to reach a final decision.
