India


EC freezes TMC name and ‘Flowers & Grass’ symbol for Mamata Banerjee and Arup Roy factions pending final ruling

New Delhi, Sep 17 (UNI) The Election Commission on Thursday barred both rival factions of the All India Trinamool Congress from using the party’s name “All India Trinamool Congress” simpliciter and its reserved “Flowers & Grass” symbol, holding that a formal dispute had emerged between the groups led by Mamata Banerjee and Arup Roy.
The three-member Commission, comprising Chief Election Commissioner Gyanesh Kumar and Election Commissioners Vivek Joshi and Sukhbir Singh Sandhu, said the material placed before it showed that “there are two rival groups in All India Trinamool Congress, one led by Ms. Mamata Banerjee and the other led by Shri Arup Roy, and each group is now claiming to be the party”.
The Commission said the dispute required a substantive determination under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968, which empowers it to decide which rival section or group, if any, constitutes the recognised political party.
However, given the limited time available because of the ongoing by-elections, it said there was not enough time to complete the proceedings.
“Having regard to the above facts and circumstances... it is evident that the time available is not adequate to complete the proceedings under Para 15 of the Symbols Order,” the Commission said, while noting the urgency relating to the use of the party name and symbol in the ongoing by-elections.
As an interim measure, the Commission directed that neither faction would be permitted to use “All India Trinamool Congress” simpliciter or the “Flowers & Grass” symbol reserved for the party.
Both groups may choose separate names, including names indicating their association with the parent party, and will be allotted different symbols from the list of free symbols notified for the current by-elections.
The Commission has directed both sides to submit by 11 am on September 18 three preferred names for their respective groups, in order of preference, along with three preferred free symbols for their candidates, also in order of preference.
The dispute was brought before the Commission in June by Ritabrata Banerjee, who challenged the authority of the existing TMC National Working Committee, contending that its five-year or constitutional tenure had expired on February 11, 2025.
He argued that the committee had consequently ceased to have the authority to exercise its powers and questioned subsequent organisational decisions and appointments.
The rival faction claimed that a Special Session of the AITC was convened in Kolkata on June 22 and that delegates at the session elected Arup Roy as Chairperson of the National Working Committee.
It subsequently submitted organisational documents and authorisation letters to the Election Commission.
Mamata Banerjee rejected the claims, maintaining that the purported elections and the June 22 Special Session were illegal and contrary to the party constitution.
She asked the Commission to disregard the communication relating to the Special Session and not attach any credence to the rival faction’s claims.
The Commission exchanged documents submitted by the two sides and heard their representatives on September 12 before conducting a further hearing on Thursday.
The Mamata Banerjee faction was represented by, among others, Kalyan Banerjee, Sagarika Ghose, Mahua Moitra, Saket Gokhale and Derek O’Brien, while the delegation led by Arup Roy included Ritabrata Banerjee, Akhruzzaman and Chandrima Bhattacharya.
The dispute has also triggered litigation before a civil court in Alipore.
The Arup Roy faction placed before the Commission interim orders passed in a title suit in which the court restrained the defendants from interfering with the National Working Committee elected at the June 22 Special Session and from representing themselves as office-bearers or dealing with the party’s records, funds, bank accounts and properties.
However, in its August 6 order, the civil court made it clear that the interim injunction did not affect the Election Commission’s authority and that the question of the party’s reserved election symbol remained within the Commission’s exclusive jurisdiction.
The Commission also took note of the immediate electoral consequences of the dispute.
In the West Bengal by-elections for October 6, rival candidates had filed nominations claiming to be AITC candidates, with Form-B authorisations issued by the two factions.
In Rejinagar and Nandigram, candidates backed by both sides claimed the AITC identity, while in Assam’s Nagaon parliamentary constituency a candidate claiming to represent the AITC submitted a Form-B authorised by Mamata Banerjee.
The Commission noted that the AITC is a recognised State Party in West Bengal, Meghalaya and Tripura and has “Flowers & Grass” as its reserved symbol in those states.
It said the urgency surrounding the symbol had to be addressed because of the statutory timetable governing the ongoing by-elections.
The interim order will remain in force until the Commission makes its substantive determination under Paragraph 15.
The final decision will follow consideration of the rival groups’ organisational claims, party constitution, documents, legal submissions and other material on record.
UNI SKA RN
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