SC said a possible solution could be for ECI to conduct a day-to-day hearing and a complete hearing on this issue but Ritabrata Banerjee-led faction opposed it

Published on: Sep 24, 2026, 13:16:30 IST

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The Supreme Court on Thursday directed the Election Commission of India (ECI) to respond by Monday on how long it will take to decide the bitter dispute between rival factions of the All India Trinamool Congress (AITC) over the party symbol and name.

A bench headed by Chief Justice of India (CJI) Surya Kant said the ECI has the power to issue an interim order since the bypolls in the state had been announced.

“The solution here is that the ECI must come to a final decision as early as possible before the next election takes place. Today, the elections are on, new symbols are given, and candidates have filed their nominations. Clearly, we cannot touch the bye-elections,” the bench, also comprising justices Joymalya Bagchi and V Mohana, said.

AITC founder Mamata moved the Supreme Court on September 18, hours after ECI allotted separate names and symbols to the two rival factions following its September 17 interim order freezing the original party identity for the upcoming bypolls in West Bengal’s Nandigram and Rejinagar.

The bench asked senior advocate Dama Sesadari Naidu, appearing for the ECI, to take instructions on how long the commission will take to decide the dispute.

“We want you to tell us a reasonable time where parties are given a fair opportunity but not to prolong the proceedings. We also want to know within what time you will get an opportunity to decide to adjudicate the dispute,” the bench said.

The court posted the matter for Monday to allow Naidu to take instructions.

Senior advocate Kapil Sibal, appearing for Mamata, told the court that he does not seek stay of elections. However, he complained that the Mamata Banerjee-led TMC approached the ECI in June, which issued an interim order in September depriving the party of its symbol, “Flowers and Grass” symbol and name.

“If such orders are allowed to be passed, they will be passed in the midst of every election. Municipal elections in the state are coming up in November. I only have a request if the ECI can be asked to decide the main dispute in October,” Sibal said.

The court asked Sibal, “The order may be illegal or right; we do not know. But what could the ECI have done in such a situation? The ECI, which has authority to pass a final order, can it not pass an interim order? Even you could have approached us in August over the pendency of the matter before the ECI.”

The bench said a possible solution could be for the ECI to conduct a day-to-day hearing and a complete hearing on this issue.

Senior advocates Mukul Rohatgi and Neeraj Kishan Kaul, appearing for the rival AITC faction led by Ritabrata Banerjee and Arup Roy, opposed the suggestion.

Rohatgi said that in such matters, evidence has to be led, which takes time, and the ECI has other work besides this case. Drawing on experience from past cases involving rival factions of the Shiv Sena and AIADMK, Rohatgi said the ECI should be given some “breathing space”. Kaul too told the court that deciding the matter in one month was practically impossible.

The court told the lawyers for the rival faction that the parties concerned should cooperate. “You should join in this cause with the petitioner. It is better for you that the matter is decided expeditiously. The delay will not ensure the benefit of both sides,” the bench said.

Early this week, the court allowed listing of Mamata’s petition on an urgent request by Sibal, who pointed out that despite the proceedings initiated in June by the ECI, the poll panel has frozen the party symbol mid-process without final adjudication.

The court agreed that the question of law remains whether the ECI could pass an interim order without final adjudication.

As an interim measure, ECI has recognised the rival faction led by Ritabrata Banerjee and Arun Roy as “Democratic Trinamool Congress” and allotted it the “envelope” symbol.

Similarly, the poll panel named the Mamata-led faction “Mamata All India Trinamool Congress” and allotted it the “football player” symbol.

TMC rebellion

West Bengal assembly speaker Rathindra Nath Bose recognised Ritabrata Banerjee as the Leader of the Opposition (LoP) after he was expelled from the party. The Mamata Banerjee faction had named Sobhandeb Chattopadhyay for the post. It expelled two of its 78 legislators, Ritabrata Banerjee and Sandipan Saha, before 57 of them rebelled and backed Ritabrata Banerjee as the LoP after the TMC lost power after 15 years. They claimed the right to the party’s “flowers and grass” symbol, its name, and organisational control.

Twenty rebel TMC parliamentarians merged with the little-known Nationalist Citizens Party of India and backed the Bharatiya Janata Party-led National Democratic Alliance.

On June 3, Bose recognised 58 rebel TMC legislators as the principal opposition party and named Ritabrata Banerjee and Saha as the LoP and deputy LoP. This came a month after the BJP swept to power in West Bengal for the first time, winning 207 of 294 seats. The TMC’s tally was reduced to 80.

The Mamata Banerjee-led TMC was left with nine Rajya Sabha members after Sukhendu Sekhar Roy, Sushmita Dev and Prakash Chik Baraik resigned in June, joined the BJP and were reelected to the upper House on July 24. A fourth TMC Rajya Sabha member, actor Koel Mallick, also resigned from the Rajya Sabha.

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