The Supreme Court on Monday tightened the timeline on two political legal battles in West Bengal, directing the Election Commission to decide the dispute over the Trinamool Congress's name and symbol within a strict schedule and nudging the state Assembly Speaker to settle long-pending defection petitions within three months.
The twin orders came in hearings on Monday, September 28, and were detailed to the media by TMC (Mamata Banerjee-led faction) leader Kalyan Banerjee. The developments follow an Article 32 petition filed by former West Bengal Chief Minister Mamata Banerjee challenging the Election Commission's handling of the party dispute.
EC told to stick to a schedule
On the Trinamool Congress factional dispute, the Supreme Court had earlier asked the Election Commission to propose a time schedule to conclude its hearing. The poll body suggested eight to ten months — a timeline the court rejected.
"The Supreme Court has ultimately passed an order that this factional group will file their reply or affidavit, in terms of the order of the Election Commission, within four weeks from today, and the Election Commission has been directed to decide the matter within a period of three months thereafter," Banerjee said.
Speaker asked to act on disqualification petitions
In a separate matter, a bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana disposed of a writ petition filed by TMC MLA Sohandeb Chattopadhyay of the Mamata Banerjee-led faction, seeking speedy disposal of disqualification petitions against ten MLAs of the Ritabrata Banerjee faction for alleged defection under the Tenth Schedule.
The court expressed the expectation that the Speaker of the West Bengal Legislative Assembly would decide the matter within three months. The petitions were filed on July 8, and the bench noted the three-month window would expire on October 8.
"We have every reason to believe that the Speaker of the State Assembly is fully cognisant of the principles laid down by this Court, and will make every endeavour to take an appropriate decision within (the said period)," the bench said in its order, referring to the Keisham Meghachandra Singh judgment, which held that disqualification petitions should ordinarily be decided within a reasonable period of around three months.
Senior advocate Kapil Sibal, appearing for Chattopadhyay, argued there was a pattern of delay in deciding such petitions, with breakaway factions subsequently claiming to be the real political party. The petitions seek the disqualification of Arup Roy, Ritabrata Banerjee, Firad Hakim, Sandipan Saha, Seuli Saha, Akrhruzzaman, Sabina Yeasmin, Rathin Ghosh, Biplab Mitra and Javed Ahmad Khan.
Sources: Supreme Court sets strict deadlines for EC on TMC name dispute and WB Speaker on disqualification plea (Lokmat Times / ANI)
The twin orders came in hearings on Monday, September 28, and were detailed to the media by TMC (Mamata Banerjee-led faction) leader Kalyan Banerjee. The developments follow an Article 32 petition filed by former West Bengal Chief Minister Mamata Banerjee challenging the Election Commission's handling of the party dispute.
EC told to stick to a schedule
On the Trinamool Congress factional dispute, the Supreme Court had earlier asked the Election Commission to propose a time schedule to conclude its hearing. The poll body suggested eight to ten months — a timeline the court rejected.
"The Supreme Court has ultimately passed an order that this factional group will file their reply or affidavit, in terms of the order of the Election Commission, within four weeks from today, and the Election Commission has been directed to decide the matter within a period of three months thereafter," Banerjee said.
Speaker asked to act on disqualification petitions
In a separate matter, a bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana disposed of a writ petition filed by TMC MLA Sohandeb Chattopadhyay of the Mamata Banerjee-led faction, seeking speedy disposal of disqualification petitions against ten MLAs of the Ritabrata Banerjee faction for alleged defection under the Tenth Schedule.
The court expressed the expectation that the Speaker of the West Bengal Legislative Assembly would decide the matter within three months. The petitions were filed on July 8, and the bench noted the three-month window would expire on October 8.
"We have every reason to believe that the Speaker of the State Assembly is fully cognisant of the principles laid down by this Court, and will make every endeavour to take an appropriate decision within (the said period)," the bench said in its order, referring to the Keisham Meghachandra Singh judgment, which held that disqualification petitions should ordinarily be decided within a reasonable period of around three months.
Senior advocate Kapil Sibal, appearing for Chattopadhyay, argued there was a pattern of delay in deciding such petitions, with breakaway factions subsequently claiming to be the real political party. The petitions seek the disqualification of Arup Roy, Ritabrata Banerjee, Firad Hakim, Sandipan Saha, Seuli Saha, Akrhruzzaman, Sabina Yeasmin, Rathin Ghosh, Biplab Mitra and Javed Ahmad Khan.
Sources: Supreme Court sets strict deadlines for EC on TMC name dispute and WB Speaker on disqualification plea (Lokmat Times / ANI)
