1 hr ago
High Court Lets TMC Operate Accounts Despite Election Dispute
A court decided that one group of the Trinamool Congress can keep using its bank accounts for everyday party work.
The state government wanted the accounts to remain frozen.
The court did not agree to that request for now.
A retired judge will watch the accounts to ensure money is used only for daily expenses.
The Election Commission is still deciding which group represents the original party.
Until then, neither group can use the party’s original name and symbol in the bypolls.
The state said this election decision should stop the bank-account case.
The party’s lawyer said the party still needs money to carry out its everyday duties.
A high court rejected the state government’s request to freeze TMC accounts again.
The court allowed the Mamata faction to use accounts for daily party expenses under supervision.
The Election Commission has restricted both factions from using TMC’s original name and symbol temporarily.
The state argued the Election Commission’s decision meant the court should stop proceeding with the case.
TMC’s counsel said the interim election order should not prevent the party from meeting daily expenses.
- Who
- The state government, the Trinamool Congress’s Mamata faction, the Election Commission, and the high court.
- What
- The high court rejected a request to prevent the Mamata faction from operating party bank accounts for daily expenses.
- Where
- In a high court case involving Trinamool Congress bank accounts and bypolls in Nandigram and Rejinagar.
- When
- The ruling was issued on Monday; the accounts had been frozen in July, and bypolls were announced for October 6.
- Why
- The court said the party’s status depends on the Election Commission’s final decision, while the state cited the dispute over the party’s name and allegations about funds in the accounts.
State Government
Mamata Faction
Effect of Election Commission order
State Government
The Election Commission’s restrictions on the party’s name and symbol meant the court should not continue with the bank-account case.
Mamata Faction
The Commission’s decision was only an interim measure concerning the upcoming bypolls and should not stop the party from handling daily operations.
Use of party funds
State Government
The accounts should remain restricted amid allegations that money from recruitment-related corruption and organised crime was deposited in them.
Mamata Faction
The party needs access to money for ordinary daily expenses, subject to monitoring by the court-appointed retired judge.
Party status
State Government
The unresolved question of which faction represents the original party undermines either faction’s ability to operate under the disputed name.
Mamata Faction
The court should allow daily functioning while the Election Commission makes its final decision on the party’s status.
Key facts
- Court decision
- The high court declined to accept the state government’s plea to vacate permission for daily account operations.
- Account oversight
- A retired judge was appointed as special officer to monitor withdrawals.
- Election Commission action
- Both factions were restricted from using the title “All India Trinamool Congress” and the original party symbol as an interim measure.
- Account freeze
- Some accounts were frozen in July after allegations that proceeds from organised crime and corruption had been deposited in them.
- Funds involved
- Four previously frozen accounts with a nationalised bank collectively held a little over ₹800 crore.
- Upcoming bypolls
- B उपolls were announced in Nandigram and Rejinagar for October 6.
Quotes
Justice Saugata Bhattacharyya
High Court judge hearing the state government’s plea
“The EC’s decision only concerns the ensuing bypolls. It is an interim measure. But that order cannot prevent a party from running its daily duties. Money is needed to run the party.”
telegraphindia.com
“The court is not accepting the prayer of the petitioner (state) at this stage, keeping in mind that the status of the party will depend on the final decision of the EC.”
telegraphindia.com
Sources
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