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The Election Commission of India (ECI) has passed an interim order restraining both rival factions of the All India Trinamool Congress from using the party's name “All India Trinamool Congress” and its reserved “Flowers & Grass” symbol, pending a final determination of the dispute under Paragraph 15 of the Election Symbols (Reservation & Allotment) Order, 1968.

The order was passed on September 17 by Chief Election Commissioner Gyanesh Kumar and Election Commissioners Vivek Joshi and Sukhbir Singh Sandhu. The Commission recorded that there are presently two rival groups in the AITC, one led by Mamata Banerjee and the other by Arup Roy, with each claiming to be the party. 

The ECI said that there was not enough time to complete the substantive proceedings under Paragraph 15 before the ongoing bye-elections. However, given the urgency concerning the use of the party name and symbol, it decided to pass an interim order, which will remain in force until the final determination of the dispute. 

Under the interim arrangement, neither faction will be permitted to use the name “All India Trinamool Congress” simplicitor or the “Flowers & Grass” symbol, which is reserved for the AITC.

The two groups may choose separate names for themselves, including names indicating their linkage with the parent party. They will also be allotted separate symbols from the list of free symbols notified by the Commission for the ongoing bye-elections. 

The Commission has directed both factions to furnish, by 11 AM on September 18, three options in order of preference for the names by which they wish to be recognised by the ECI. They have also been asked to provide three choices of free symbols for their candidates. 

Dispute over control of AITC

The dispute arose after Ritabrata Banerjee approached the ECI contending that the tenure of the AITC National Working Committee had expired on February 11, 2025, and that thereafter it ceased to have constitutional authority to continue in office or exercise powers under the party Constitution.

Banerjee claimed that a Special Session of the AITC was convened on June 22, 2026, at a Kolkata hotel, where Arup Roy was unanimously elected Chairperson of the National Working Committee. He subsequently authorised Banerjee to represent the group before constitutional bodies, including the ECI.

The Mamata Banerjee group disputed this claim, asserting that the elections of all office-bearers, including the Chairman, were illegal and contrary to the party Constitution. Banerjee sought dismissal of the June 22 communication and asked the Commission not to attach any credence to it.

Paragraph 15 of the Election Symbols Order empowers the ECI, where rival sections of a recognised political party each claim to be that party, to determine which section, if any, constitutes the recognised political party after considering the available facts and hearing the rival groups. Its decision is binding on the rival sections. 


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