The matter was mentioned before a bench headed by CJI Surya Kant by senior advocate Kapil Sibal, appearing for Banerjee, who sought an early hearing on the plea filed on September 18.
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Sibal told the bench that proceedings before ECI had begun in June and that Banerjee’s faction had filed its response in July. However, the party’s original name and symbol were frozen after the notification for the upcoming bypolls had already been issued. CJI Kant said the matter would be listed and observed that both sides would have an opportunity to present their arguments when the petition comes up for hearing.
ECI, in an interim order on September 17, barred both rival factions from using the AITC name and the ‘Flowers & Grass’ symbol pending adjudication of their competing claims over the party’s organisational control. The poll panel subsequently allotted alternative identities to the two groups for the upcoming bypolls.
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The interim arrangement assumes significance ahead of the October 6 assembly bypolls in Nandigram and Rejinagar. ECI is examining rival claims relating to the party’s organisational structure, leadership and entitlement to its original name and reserved symbol under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968.
Banerjee’s plea challenges ECI’s interim arrangement and seeks restoration of the party’s original identity and symbol.


