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ECI Bars Both Trinamool Congress Factions from Using Party Name and Symbol for Bypolls
In a decisive issued on , the (ECI) has barred both rival factions of the (AITC) from using the party’s name and its reserved ‘Flowers & Grass’ symbol for the upcoming West Bengal Assembly bypolls. The order, passed by a bench comprising Chief Election Commissioner Gyanesh Kumar and Election Commissioners Vivek Joshi and Sukhbir Singh Sandhu, marks a significant intervention under . The Commission directed the factions—one led by former Chief Minister Mamata Banerjee and the other by Arup Roy, represented by Ritabrata Banerjee—to submit alternative names and free symbols by 11 AM on , pending a final determination of the dispute.
A Deepening Rift Within the Party
The dispute stems from conflicting claims over the legitimate leadership of the AITC following the party’s defeat in the Assembly elections. On , Ritabrata Banerjee, now the Leader of the Opposition in the , convened a special session in a Kolkata hotel where Arup Roy was elected Chairperson of a new . The group argued that the previous committee’s tenure had expired in , creating a constitutional vacuum. The Mamata Banerjee faction, however, dismissed the meeting as illegal, asserting that the party constitution had been duly amended and that organizational elections had been conducted in accordance with established procedures.
Both factions approached the ECI seeking recognition as the legitimate party, each claiming the right to contest the bypolls in the Nandigram and Rejinagar constituencies under the AITC banner. The Commission, after hearing both sides on and September 17, concluded that the material on record indicated the existence of two rival groups, necessitating a substantive determination under Paragraph 15. Citing the urgency of the upcoming elections, the ECI opted for an interim arrangement to maintain parity.
The : for Rival Groups
In its 14-page order, the ECI reasoned that “to place both the rival groups on an and to protect their rights and interests,” neither faction would be permitted to use the name “” simpliciter or the reserved “Flowers & Grass” symbol. Instead, each group may choose a separate name—potentially retaining a linkage to the parent party—and select from a list of 184 free symbols notified by the Commission. The order explicitly applies to the current bypolls and will remain in force until the Commission’s under Paragraph 15.
The ECI further directed the Returning Officers for Nandigram and Rejinagar to disregard any nomination papers filed using the disputed party name or symbol. Both factions had fielded candidates—Safiuzzaman Saikh and Rabiul Alam Chowdhury for Rejinagar, and Ehteshmul Haque and Sanchita Pradhan for Nandigram—each claiming to be the official AITC nominee. The Commission noted that the time available was insufficient to complete the full Paragraph 15 proceedings before the bypolls, but the urgency of the electoral process compelled the interim measure.
Political Reactions: Condemnation and Caution
The order drew sharp criticism from the , with General Secretary K.C. Venugopal describing it as “a bullet through the heart of Indian democracy.” In a post on X, Venugopal accused the ECI of acting as “a puppet in the hands of the ,” drawing parallels to the Shiv Sena and NCP symbol disputes. “Whoever opposes the is dealt a fatal blow and their entire electoral existence is snatched away from them,” he wrote, demanding the immediate restoration of the symbol to Mamata Banerjee.
Trinamool MP Kalyan Banerjee called the order “contrary to law” and stated that his faction would not accept it, though he acknowledged the need to comply temporarily. Kunal Ghosh, a Trinamool spokesperson, emphasized that Mamata Banerjee herself remains the party’s “symbol, movement, and strength” and claimed that the faction is ready with multiple contingency plans.
In contrast, the Ritabrata Banerjee-led faction welcomed the decision. Ritabrata Banerjee tweeted that the order “proves that there is no room for dynastic politics. A political party is not a private limited company, nor can there be an heir to a political party.” TMC MLA Akhruzzaman Ansari expressed confidence that the final verdict would restore the original name and symbol to their faction.
Legal Implications: Paragraph 15 and Precedent
Paragraph 15 of the Election Symbols Order empowers the ECI to resolve disputes between rival factions of a recognized political party. The provision is triggered when two or more groups claim to be that party, and the Commission’s decision is binding on all parties. The ECI has previously invoked this provision in high-profile cases, including the Shiv Sena split (2022–2023) and the NCP factional dispute, where it similarly froze symbols and names pending final determination.
Legal experts note that the is consistent with the Commission’s established practice of ensuring a level playing field during elections. The ECI’s emphasis on “protecting the rights and interests” of both groups reflects a cautious approach to avoid prejudicing the final outcome. However, the decision has reignited debate over the Commission’s role in intra-party disputes, with critics arguing that such interim measures can disproportionately affect the faction with stronger grassroots support.
The order also raises questions about the balance between the ECI’s constitutional mandate to conduct and the political parties’ right to self-governance. The TMC’s internal conflict, exacerbated by the electoral setback, underscores the fragility of party structures in the face of organizational breakdowns.
Impact on the By-elections and Beyond
The bypolls in Nandigram and Rejinagar, scheduled for with counting on , will now be contested by two factions under distinct identities. Both have submitted their preferred names and symbols within the deadline. According to sources, the Mamata Banerjee faction proposed names such as “Mamata All Indian Trinamool Congress,” “” (though barred for now), and “Trinamool Mamata Congress,” along with symbols likely aligned with their original identity. The Ritabrata faction, after a Zoom meeting with senior leaders, finalized three symbols—Blackboard, Torch, and Envelope—and names including “Nationalist Trinamool Congress,” “Democratic Trinamool Congress,” and “West Bengal Trinamool Congress.”
The ECI will now assign one name and one free symbol to each faction, enabling them to campaign and field candidates. The arrangement, while interim, could shape the political dynamics in West Bengal, where the TMC’s identity has been closely tied to Mamata Banerjee’s leadership. The ’s state unit, led by Kaustuv Bagchi, hailed the order as a validation of the party’s decline, stating that “Trinamool Congress is being completely erased from the state of West Bengal.”
Conclusion: Awaiting Final Determination
The ECI’s provides temporary clarity for the bypolls but leaves the larger dispute unresolved. The substantive proceedings under Paragraph 15 will continue, with both factions expected to present detailed evidence supporting their claims. The Commission’s final decision, when rendered, will determine which group is entitled to the legacy of the —a decision that will have lasting implications for West Bengal’s political landscape.
For now, voters in Nandigram and Rejinagar will see ballots featuring new party names and symbols, a rare deviation from the familiar joda ghas phool (flowers and grass) that has long been synonymous with the TMC. Legal professionals will be watching closely as the ECI navigates the procedural and constitutional nuances of this high-stakes dispute, setting precedents for future party symbol adjudications.
