NEW DELHI: The Calcutta High Court rebuked the Election Commission on Thursday for granting the “envelope” symbol, previously associated with the Indian Secular Front, to the newly established Democratic Trinamool Congress in advance of by-elections in West Bengal.
In an oral comment, the court emphasized that the poll body “should act fairly” and questioned the rationale behind allotting the “envelope” symbol to the DTMC when there were 183 alternative election symbols available.
“The authority should act fairly,” remarked Justice Krishna Rao. “Your authority is causing distress and generating legal complications; is this how the authority operates?” The judge expressed to the Election Commission’s attorney during the hearing of the ISF petition. “Every time, for one reason or another, you are forcing individuals to seek recourse in court,” the bench added.
In response, the counsel for the Election Commission maintained that the decision regarding the choice of symbol was up to the candidates participating in the elections, a statement contested by the petitioner’s lawyer who argued that it was ultimately the commission that assigned the symbol.
Previously, the poll panel issued an interim order that froze the All India Trinamool Congress name and its “flowers and grass” symbol due to a recognized internal dispute within the party. Until the matter is resolved, neither faction is permitted to use the original name or symbol. This temporary measure will apply to the forthcoming by-elections, with candidates from the two factions contesting under different names and symbols provided by the Commission.
The Election Commission has been reviewing conflicting claims regarding control of the party, its name, and its election symbol. Both factions have submitted documents and appeared before the Commission during the proceedings. The dispute surfaced when rival groups asserted claims over leadership of the TMC, prompting the commission to request submissions on various issues including organizational control, authorized office-bearers, party assets, the party name, and its election symbol.
