Supreme Court agrees to hear Mamata Banerjee's plea against TMC symbol freeze

The Supreme Court on Monday agreed to try and list a petition filed by former West Bengal Chief Minister Mamata Banerjee challenging the Election Commission's decision to freeze the Trinamool Congress' party symbol.

The matter was raised orally before a three-judge Bench led by Chief Justice of India Surya Kant. Senior advocate Kapil Sibal, appearing for Ms. Banerjee, submitted that the Commission's interim order freezing the symbol — issued even as proceedings under the Election Symbols (Reservation and Allotment) Order, 1968, were underway — was unwarranted. "The Election Commission is crossing new milestones every time," Mr. Sibal said.

The Chief Justice observed that both sides would have arguments to make and that the court would hear all the parties. "We will try to hear it this week," he said.

The petition was filed hours after the poll body, on September 17, allotted new names and symbols to the two factions of the Trinamool Congress led by Mamata Banerjee and Ritabrata Banerjee. The Mamata faction received the name 'Mamata All India Trinamool Congress' with 'football player' as its symbol, while the Ritabrata grouping was allotted the name 'Democratic Trinamool Congress' with the symbol 'envelope'.

In its plea, the Mamata Banerjee camp contended that the Commission did not comprehensively examine the party's structure while considering the rival claims made by the two camps. It also said the Commission had relied on statements by rebel legislators who are facing disqualification proceedings under the Tenth Schedule of the Constitution, which deals with the anti-defection law.

A separate petition has also been filed by the Mamata Banerjee camp, highlighting the delay in disqualification proceedings pending before the West Bengal Assembly Speaker against 10 legislators from the rebel faction.