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The Calcutta High Court on Monday reserved its order on a plea filed by the Indian Secular Front (ISF) challenging the Election Commission's allotment of its 'Envelope' election symbol to the Ritabrata Banerjee-led Trinamool Congress-Democratic (TMC-D) for the upcoming Nandigram Assembly by-poll.

During the hearing, Justice Krishna Rao questioned the Election Commission's decision-making process and repeatedly asked where the reasons were for considering TMC-D's claim over the symbol.

The Court observed that the conduct of the parties appeared to reveal "connivance" and remarked:

"I'm not minded to say this…if the ECI has been guided by the private party then what remains?!"

At another point, the Court told the Election Commission's counsel that it had been asking for nearly half an hour why the TMC faction's claim over the symbol was considered and "where is the reason?"

The ECI's counsel submitted that he was not being guided by the private respondent and that the latter was only asking how much time the hearing would take.

The Court responded that advocates and authorities were expected to be fair before it, adding: "I am saying what I am observing."

Counsel appearing for TMC-D submitted that the faction had no right to claim the symbol as it was an unregistered party. The Court, however, observed that even if there was no right to claim the symbol, the decision to accept or reject such a claim should have reasons.

The Court also questioned the reliance placed by TMC-D on a statutory provision when the Election Commission itself had not invoked that provision while passing its decision.

Senior Advocate Bikashranjan Bhattacharya, appearing for ISF, argued that the Election Commission was required to exercise its powers within the proper context and that the allotment had been made without application of mind.

The Court, however, asked how far it could interfere at this stage when the symbol had already been allotted and canvassing was underway.

Bhattacharya submitted that the allotment was "absolutely illegal" and argued that the election could even be deferred since it was a by-election and postponement would not cause a constitutional crisis.

The Court also asked the ECI where its notification announcing the free symbols was.

The ECI submitted that there was no separate order notifying the symbols and argued that the ISF was already campaigning with another symbol allotted to it, suggesting that the plea was intended to stall the election.

The hearing thereafter concluded and the Court reserved its order.

Case: Indian Secular Front v Election Commission Of India

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