New Delhi [India], September 24 : The Supreme Court on Thursday asked the Election Commission of India (ECI) to give the rival sides in the Trinamool Congress (TMC) dispute reasonable time to place their evidence before the Commission and ensure that the final adjudication is completed within sufficient time for the parties to contest upcoming elections in West Bengal.
A bench led by CJI Surya Kant and comprising Justices Joymalya Bagchi and V Mohana was hearing a plea filed by former West Bengal Chief Minister and TMC leader Mamata Banerjee challenging the ECI’s decision concerning the use of the original TMC name and its traditional ‘Flowers and Grass’ symbol.
Senior Advocate Kapil Sibal, appearing for Banerjee, submitted that the ECI’s order had left her without an effective remedy. He sought a stay of the order.
“EC order has left me without a remedy,” Sibal submitted.
In an earlier hearing in the matter, Sibal had also remarked on the manner in which the Commission had proceeded.
The Court, however, indicated that while the dispute needed to be resolved within a reasonable timeframe, the parties must also be given adequate opportunity to present their evidence.
CJI Surya Kant asked the ECI how much time would be required for the final adjudication of the party name and symbol dispute, particularly since the Commission’s order was intended to operate for the current by-election.
The Court observed that it was conscious of the consequences of delay in disputes concerning the identity of political parties and their election symbols.
“We know what delay did in Shiv Sena,” the Court observed, referring to the ongoing Shiv Sena party name and symbol dispute.
The court indicated that the present dispute should not be allowed to remain pending indefinitely. At the same time, it said the parties should be given reasonable time to place their evidence before the ECI.
The Court accordingly asked the ECI to provide a reasonable opportunity to the parties to submit their evidence and to complete the adjudication within a sufficient timeframe.