When a political party tears down the middle, who gets to keep the name, the flag, and the election symbol? The Election Commission of India (ECI) has stepped in to resolve this very question for the All India Trinamool Congress (AITC). In a decisive interim order, the poll body has frozen the party’s official name and its iconic “Flowers and Grass” symbol.
The move comes as two competing factions—one led by Mamata Banerjee and another led by Arup Roy—claim to be the true leadership of the party. With bye-elections around the corner, the Commission had to act swiftly to prevent confusion among voters.
What Did the Election Commission Decide?
The three-member Election Commission, comprising Chief Election Commissioner Gyanesh Kumar alongside Election Commissioners Vivek Joshi and Sukhbir Singh Sandhu, passed an interim order restraining both sides from using the primary party identity.
Under this interim arrangement:
- Neither group can use the name “All India Trinamool Congress” on its own.
- Neither group can use the reserved “Flowers and Grass” symbol.
- Both factions must furnish three alternative names in order of preference, which may reflect their association with the parent organization.
- Both sides must choose three preferences from the list of available free symbols notified by the Commission for the upcoming bye-elections.
The Commission explained that conducting full-scale evidentiary hearings was not possible before the voting dates. Therefore, an interim freeze was necessary to maintain a level playing field.
How the Leadership Dispute Reached the Poll Body
The legal clash began after Ritabrata Banerjee approached the ECI with a formal dispute. The claim stated that the term of the AITC National Working Committee had officially run out on February 11, 2025.
According to that petition, the existing committee had lost its constitutional authority to govern party affairs. Subsequently, a special session was convened in Kolkata on June 22, 2026, where Arup Roy was reportedly chosen as Chairperson of the National Working Committee.
However, the Mamata Banerjee-led group strongly contested these claims. They submitted that the June meeting and the internal elections were unlawful, unauthorized, and entirely contrary to the party constitution. They urged the Commission to reject the rival faction’s claims completely.
What The Law Says: Understanding Paragraph 15
The Election Commission derives its authority to resolve such political standoffs from Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968.
Under Paragraph 15, when rival groups within a recognized political party each claim to represent the real organization, the ECI functions as a quasi-judicial body. A quasi-judicial body is an administrative authority that holds powers similar to a court of law, such as summoning records, hearing evidence, and delivering binding verdicts.
Paragraph 15 explicitly authorizes the Commission to:
- Take into account all relevant facts, documents, and circumstances.
- Give equal opportunity to both rival groups to present their case.
- Decide which faction constitutes the recognized political party.
- Bind all factions to its decision once finalized.
Over decades of Indian electoral jurisprudence, the ECI assesses two primary fronts when deciding a dispute: the organizational wing (party executives and delegates) and the legislative wing (elected Members of Parliament and Members of the Legislative Assembly). The faction that proves majority support across these wings typically secures the party identity.
Why Interim Symbol Freezes Happen
Determining who holds the true majority inside a political party requires extensive scrutiny. The Commission must examine affidavits, cross-check lists of party delegates, and verify signatures. This process can take months.
If elections arrive while this inquiry is pending, allowing one faction to use the established symbol would give them an unfair advantage. Conversely, giving it to the wrong faction would mislead voters. Freezing the symbol and allotting temporary alternative symbols ensures that the ongoing electoral process remains neutral and fair.
What Happens Next?
Both factions must submit their temporary choices for names and symbols to contest the immediate bye-elections. Meanwhile, the ECI will set up formal proceedings under Paragraph 15.
Both sides will have to produce hard documentary evidence proving their control over the organizational bodies and the elected legislators. Once the Commission completes its detailed review and delivers a final order, one faction may be declared the official party, or the split could be made permanent.
Why This Matters For You
Symbols in Indian elections are far more than decorative graphics. In a country with diverse literacy levels, the election symbol is the ultimate identifying mark of political allegiance inside the voting booth.
When the ECI steps in to freeze a symbol, it safeguards the voter’s right to know exactly who they are voting for, ensuring that internal party rivalries do not derail democratic transparency.
Story reported by Supreme Court – High Court – Legal Breaking News | Live Law India. This article is BareLaw’s independent explanation and analysis.
📲 Get every BareLaw story on Telegram — simple legal news, 5 times a day, free: t.me/barelaw
