TMC Name-Symbol Row: Supreme Court Directs ECI To Decide Dispute In 3 Months

The Supreme Court today passed directions to the Election Commission of India in the plea moved by former West Bengal Chief Minister and Trinamool Congress founder Mamata Banerjee challenging the Election Commission of India’s (ECI) interim order freezing the All India Trinamool Congress (AITC) name and its reserved ‘Flowers & Grass’ election symbol amid a dispute between rival factions.

After going through a chart indicating the timeline in symbol dispute cases in the past placed before court on behalf of ECI by Senior Advocate DM Naidu, a CJI Surya Kant led bench ordered, "We are inclined to rely on the timeline indicated in the disputes in the past. The petitioner has already filed their response. The response from the opposite group is awaited. We grant 6 weeks time to the opposite group to file the response. After that the ECI will take three months to complete the proceedings."

Last week, a CJI Surya Kant led bench asked ECI by when it would be able to finally adjudicate the issue before it. "Find out for final adjudication, how much time are you expected to take? Only for this limited purpose," the CJI told Senior Advocate DM Naidu, appearing for ECI.

Senior Advocate Kapil Sibal, appearing for Banerjee had then told court that it the ECI order was allowed to remain in force, ECI would pass similar order in every election. "In the middle of election. You can't allow ECI to do this. What's happening is you give authority to Commission...pass a direction, but it won't be followed. In another election, in another state, they will pass the order. You must give me a remedy. This kind of order of ECI leaving a party to no remedy is impermissible in law, " Sibal added.

The instant writ petition was filed on September 18, with the ECI and the rival faction led by Ritabrata Banerjee named as respondents. The challenge follows the ECI’s September 17 interim order restraining both rival factions from using the name “All India Trinamool Congress” and the reserved ‘Flowers & Grass’ symbol for the upcoming by-elections. The Commission directed the factions to suggest alternative names and free symbols pending a final determination of their competing claims.

ECI assigns new names and symbols to rival factions

Following the exercise directed by the poll panel, the ECI allotted separate names and symbols to the two factions on September 18. The Mamata Banerjee-led faction was allotted the name “Mamata All India Trinamool Congress” and the ‘Football Player’ symbol.

The Ritabrata Banerjee-led faction was allotted the name “Democratic Trinamool Congress” and the ‘Envelope’ symbol.

The arrangement is an interim measure for the upcoming by-elections and does not amount to a final adjudication of which faction is entitled to the original party name and symbol. The substantive dispute remains to be determined separately under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968.

Dispute over original AITC name and symbol

The ECI's interim order came after rival groups led by Mamata Banerjee and Ritabrata Banerjee claimed to represent the All India Trinamool Congress. The Commission said its interim arrangement was intended to address the competing claims pending final determination and directed both factions to submit three preferred names and three free symbols.

The development has come ahead of the October 6 by-elections in West Bengal, including Nandigram and Rejinagar. Mamata Banerjee has now challenged the ECI's interim order before the Supreme Court, seeking judicial intervention against the freezing of the original party identity and election symbol.

Case Title: Mamata Banerjee v. Election Commission of India & Ors.

Bench: CJI Surya Kant, Justice Bagchi and Justice Mohana

Hearing Date: September 28, 2026