Kolkata, Sep 21 The Calcutta High Court on Monday extended its order allowing the Mamata Banerjee-led faction of the Trinamool Congress to make daily expenses from three bank accounts till January next year, noting that the EC is yet to decide which of the two rival factions will hold the party symbol.
The Calcutta High Court had appointed a special officer on July 9 to manage the day-to-day expenses of the Mamata Banerjee camp from three bank accounts of the party, which had been debit-frozen by the police.
Justice Saugata Bhattacharyya extended the order dated July 9 till January 29 next year, and the matter will be heard again on December 14, 2026.
The court directed that in the meantime, if the Election Commission passes an order relating to the recognition of the two factions within TMC, the parties in the matter will be at liberty to move the court for vacation or variation of this court's order.
The court said that the EC passed an interim order on September 17 only to address issues related to the ensuing assembly bypolls in two seats -- Nandigram and Rejinagar.
The court noted that the EC's September 17 order will be effective till final determination of the dispute between the two factions in accordance with the provisions of the Election Symbols (Reservation and Allotment) Order, 1968.
Justice Bhattacharyya observed that the order was for the purpose of the ensuing by-elections to Rejinagar and Nandigram seats, to be held on October 6 and "The same is in the nature of interim directions, pending substantive determination by ECI."
The court held that the main issue of which faction will hold the party symbol is yet to be decided by the ECI.
Citing the ECI order of September 17, the Ritabrata Banerjee-led faction claimed that the petitioners lost the right to operate the three bank accounts.
Justice Bhattacharyya, however, refused to entertain such contention while extending the interim order.
The Mamata Banerjee-led faction had earlier expressed apprehension that the freezing of the bank accounts was meant to cripple the political party.
The court had, however, granted relief to the faction by allowing day-to-day expenses under a special officer. This order was upheld by the Supreme Court on an appeal by the rival faction.
The Election Commission had directed on September 17 that, pending determination, neither faction - the Mamata Banerjee-led one and the faction led by Leader of Opposition Ritabrata Banerjee, can use the name "All India Trinamool Congress (AITC)" or the reserved "Flowers and Grass" symbol.
The ECI has temporarily appointed the names 'Mamata All India Trinamool Congress' and 'Democratic Trinamool Congress' to the two factions, led by Mamata Banerjee and Ritabrata Banerjee respectively.
The court-appointed special officer filed a report before the court in a sealed cover.
The police authorities also filed a report before the court as directed by it on July 9.
The state government and the complainants argued before the court that the petition by the Mamata Banerjee-led TMC group needs to be dismissed in view of the order passed by the Election Commission of India on September 17.
They stated that the ECI did not permit the Mamata Banerjee faction to use the name of the party 'All India Trinamool Congress' and the symbol 'flowers and grass', which is reserved for the AITC.
The state contended that since three bank accounts maintained with a private bank are in the name of AITC, the faction should be barred from using the accounts.
They claimed that taking note of ECI order of September 17, signatories of the three bank accounts have forfeited their right to operate those accounts.
Senior advocate Shoeb Alam, representing the Mamata Banerjee-led group, stated that the principal issues still remain pending before the ECI.
The state's counsel submitted to the court that Rs 30 crore was deposited in the three accounts after lodging of the complaint by the Ritabrata Banerjee-led faction to the Bidhannagar Police, on the basis of which an investigation was launched.
He also stated that Rs 35 crore had been transferred to Leaps and Bounds, an ED-chargesheeted company in the school jobs scam case.
