Click the Play button to listen to article

The Calcutta High Court has extended its interim order permitting the Mamata Banerjee-led All India Trinamool Congress (AITC) faction to operate three bank accounts that had been frozen by the West Bengal Police, observing that the Election Commission of India (ECI)'s interim arrangement regarding the party's name and symbol could not be treated as a final adjudication of the factional dispute.

Justice Saugata Bhattacharya was hearing a plea filed by the Mamata Banerjee-led faction seeking relief in relation to the frozen bank accounts. The State opposed the plea, contending that the petitioners had lost their claim over the accounts following an interim order passed by the ECI separating the two factions for the purpose of the ensuing by-elections, with the factions being identified as Mamata-AITC and Democratic-TMC.

The State argued that the bank accounts stood in the name of the "All India Trinamool Congress" and, in view of the ECI's order, the Mamata-AITC faction could no longer claim the right to operate them.

Senior Advocate Shoeb Alam, appearing for the Mamata-AITC faction, submitted that the principal issue concerning recognition of the factions remained pending before the ECI. He also pointed out that the earlier order of the High Court had been challenged before the Supreme Court.

The High Court noted that under its earlier order, the bank accounts had been permitted to be used for limited purposes after obtaining approval from a Special Officer, without deciding which faction was the "real TMC".

The Court further noted that the earlier order had not permitted the Democratic-TMC faction to take any action in respect of the bank accounts. At the same time, the Court had recorded that the dispute was pending before the ECI and that any decision taken by the ECI could be brought to its notice.

Referring to the ECI's interim order, the Court observed that contentions had been raised that the petitioners, identified as Mamata-AITC, had lost their right to operate the bank accounts. However, the Court noted that the ECI itself had described its order as interim and had stated that it was intended to address the issue for the ensuing by-elections and would remain effective until the final determination of the dispute.

"Notwithstanding ECI directions touching upon use of name and symbol, that is for the purpose of ensuing by elections only and the same is an interim direction pending determination by ECI," the Court observed.

The Court further observed that the issue of recognition of the factions within the TMC was still pending before the ECI and that, in view of the interim nature of the ECI's order, it could not be inferred that the issue had been finally adjudicated by the poll panel.

The Court thereafter extended the interim arrangement. When Senior Advocate Alam sought continuation of the interim order until the ECI passed its final order, the Court ultimately directed that the interim order would remain in force until January 29, 2027, or until further orders.

Case: All India Trinamool Congress v Union of India

Tags: