Calcutta HC pulls up EC over ‘envelope’ symbol for two Nandigram contestants

• The ISF has challenged the ECI’s decision to replace its familiar ‘envelope’ symbol with ‘almirah’ for the Nandigram bypoll, while allotting ‘envelope’ to the Democratic Trinamool Congress.

• The ECI says the ISF, being an unrecognised party, had no exclusive claim over the free symbol; critics argue the late change could confuse voters familiar with the ISF’s symbol.

• Calcutta High Court has questioned why the ‘envelope’ was allotted when 183 other symbols were available, and sought an explanation from ECI.

The Election Commission of India's (ECI) allocation of the ‘envelope’ symbol to the newly named Democratic Trinamool Congress ahead of the 6 October Nandigram by-polls in West Bengal has come under scrutiny, with the Indian Secular Front (ISF), which has used the symbol in previous elections including the recent Assembly polls, challenging the decision in Calcutta High Court.

The ISF has instead been allotted the ‘almirah’ symbol, while the Democratic Trinamool Congress, led by the rebel Trinamool Congress (TMC) faction, has received ‘envelope’.

The dispute is not simply about whether the ISF has a legal claim over the symbol. The ECI has argued that the ISF is an unrecognised political party and that ‘envelope’ was a free symbol rather than one permanently reserved for the party. According to the Commission's counsel, the ISF had been allotted the symbol in earlier elections but that did not give it an exclusive claim.

The ISF and other Opposition parties, however, have questioned the timing and practical implications of the decision. Having campaigned under ‘envelope’ for years, the party argues that the symbol has become familiar among its supporters. Its sudden transfer to another party contesting the same by-poll, they contend, could create voter confusion.

Nandigram ISF candidate Mohammad Sabe Miraj Ali Khan alleged that the decision was deliberate.

"We believe the Election Commission deliberately gave our symbol to Ritabrata's (Banerjee) camp to confuse Muslim voters. We believe there will be a consolidation of Muslim votes this time, and we are therefore a strong choice for them. They want our supporters to mistakenly vote for Democratic TMC, reducing our vote share and helping the BJP. It is fortunate that we have not fielded a candidate in Rejinagar," he said.

Pratikur Rehman, who belongs to the Mamata Banerjee-led Mamata AITC, focused on the difficulty of building recognition for a new symbol within a short campaign. "It takes a long and tiring campaign to make people recognise the symbols of different political parties. So it is obviously difficult for the ISF to take its new symbol to every home in the constituency in such a short time," he said.

"There is a high chance that some people could mistake the envelope symbol and vote for Ritabrata's camp. This could happen to any party that receives a new symbol shortly before an election. The ISF has been contesting with the envelope symbol for around six years, so voters who normally support it could be confused. That would ultimately help the BJP," Rehman added.

Congress and the Left have also questioned the Commission's decision. Left leader Kaustav Chatterjee alleged that the allocation was not an accidental error and claimed it was intended to split minority votes.

"We do not believe the Election Commission has made an accidental mistake. We believe it has acted on the BJP's instructions. The intention is to split minority votes, and the envelope symbol has deliberately been given to another party at the last moment to confuse voters," he said. "The matter is now before the court, and we hope it will be resolved before the election."

The controversy comes against the backdrop of the ECI's intervention in the internal dispute within the Trinamool Congress.

The original All India Trinamool Congress name and ‘twin flowers and grass’ symbol have been frozen for the by-polls. TMC founder and former chief minister Mamata Banerjee's faction has been assigned the name ‘Mamata All India Trinamool Congress’ and the ‘football player’ symbol, while the rival faction has been given the name ‘Democratic Trinamool Congress’ and ‘envelope’. Banerjee has challenged the ECI's decision in the Supreme Court.

The ‘envelope’ dispute reached a flashpoint on Thursday, 24 September when Calcutta High Court Justice Krishna Rao questioned the ECI's decision during the hearing of the ISF's petition.

The court asked why the symbol, which the ISF had used only months earlier, was not kept in reserve when the EC had 183 other free symbols at its disposal. "The authority should act fairly," Rao observed, while questioning why the Commission's decisions repeatedly resulted in parties being forced to approach the courts.

The court also questioned why no notification had been issued regarding the allocation of symbols for the by-poll.

The ECI has been asked to explain the circumstances surrounding the allotment and provide the relevant information. The matter will be heard again on 25 September.