The Supreme Court has extended the deadline by 20 days for the two factions of the All India Trinamool Congress (TMC) to submit their documents to the Election Commission of India (ECI) regarding a dispute over the party’s name and election symbol. This decision was announced following a hearing involving senior lawyers representing both factions.

A bench led by Chief Justice Surya Kant, alongside Justices Joymalya Bagchi and V Mohana, presided over the case. The hearing included submissions from Kalyan Banerjee, representing the Mamata All India Trinamool Congress, and K Parmeswar, who appeared for the faction led by Ritabrata Banerjee.

During the proceedings, Kalyan Banerjee pointed out that the Ritabrata Banerjee faction, which has been designated the name Democratic Trinamool Congress, had failed to file necessary submissions to the Election Commission. In response, Parmeswar explained that the faction was unable to secure non-judicial stamp papers required for documentation due to the Dussehra celebrations in the state.

Timeline for Submissions Established

The Supreme Court has established a clear timeline for the submission process. The Democratic Trinamool Congress has been granted 10 days to file its counter affidavit and relevant documents with the Election Commission. Following this, the Mamata Banerjee-led faction will have an additional 10 days to submit a rejoinder and any pertinent documents after reviewing the response from the rival group.

The court has also clarified that both factions may challenge the admissibility of any documents submitted to the Election Commission in support of their claims. This ruling aims to ensure a fair process as both factions navigate the complexities of their dispute.

On September 28, the Supreme Court directed the Election Commission to resolve the dispute concerning the party name and its “flowers and grass” symbol within a four-month timeframe. Previously, the court had instructed both factions to complete their submissions before the Election Commission and had set a three-month deadline for the poll panel to reach a decision after the submission process concluded.

Background of the Dispute

This legal matter stems from a petition filed by former West Bengal Chief Minister Mamata Banerjee, challenging the Election Commission’s decision to freeze the TMC’s name and symbol. On September 24, the Supreme Court had requested the Election Commission to provide a timeline for resolving the dispute.

According to reports from Press Trust of India, the Election Commission had, on September 17, assigned separate names and symbols to the two factions after temporarily prohibiting both from using the All India Trinamool Congress name and its reserved symbol until a final decision is reached. The Mamata Banerjee faction was allocated the name Mamata All India Trinamool Congress along with the “football player” symbol.

Meanwhile, the Ritabrata Banerjee faction received the name Democratic Trinamool Congress and the “envelope” symbol. Upcoming assembly bypolls in West Bengal, specifically in Nandigram and Rejinagar, are scheduled for October 6, with vote counting set for October 9. The Election Commission has indicated that the dispute requires a comprehensive decision under the Election Symbols (Reservation and Allotment) Order, 1968, following discussions with leaders from both factions.

A similar dispute involving the Shiv Sena is currently pending before the Supreme Court. The court has urged for a swift resolution to this matter and has requested the Election Commission to propose a reasonable timeframe that allows both sides to present their evidence adequately.

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