The Election Commission of India (ECI) is preparing to invite the two warring factions of the Trinamool Congress to its headquarters in Delhi to decide which of them has the right to the party’s name, electoral symbol and assets. $876 crore as on March 31, 2025 as per the financial statement filed by the party with Etihad Credit Corporation.
The decision marks the beginning of a formal arbitration process, similar to the one that previously decided the fates of the Shiv Sena, Nationalist Congress Party and AIADMK, and will determine who controls the three-decade-old political legacy of Mamata Banerjee and her iconic double flower symbol.
The rebel TMC leaders, who claim support from about 58 of the party’s 80 MLAs, have declared themselves the true All India Trinamool Congress and have approached the ECI demanding a stake on the party’s name, origins and election symbol. Led by Ritabrata Banerjee, the newly recognized Leader of the Opposition in the West Bengal Assembly, the dissenters removed Mamata Banerjee as party president, elected senior MP Arup Roy in her place, formed a parallel 30-member National Working Committee, suspended Abhishek Banerjee, and displayed the party’s double flower symbol. Both factions have since submitted rival National Action Committee lists to the Election Commission of India, with each claiming legal control over the party’s name, assets and symbol.
Under the Electoral Symbols Order 1968, the IEC has the power to adjudicate disputes arising from divisions in recognized political parties, and to examine evidence of regulatory and legislative support before making a decision. “Once the rival factions formally lay claim to a recognized political party, the commission must follow the procedure set out in paragraph 15 of the same order. Both sides will be given full opportunity to present documentary evidence and submit their submissions before any decision is taken. The process is entirely evidence-based and guided by well-established legal precedents,” a senior ECI official said.
Each side will first need to present the party’s official constitution and rules, as well as demonstrate that it is operating in accordance with them. Both factions must then produce lists of officeholders at the national, state, and district levels, supported by letters of appointment and minutes of meetings. Relying on the precedent set in the Sadiq Ali case and applied in the AIADMK dispute, ECI typically counts affidavits from the party’s highest regulatory body – the NWC or General Council – treating that body as a fair steward of the rules.
Legislative and parliamentary support forms the next crucial axis, with each faction required to submit affidavits from its MPs and MLAs affirming their loyalty – a factor that has proven crucial in the rulings of both the Shiv Sena and the NCP. Both sides must also explain the sequence of events that led to the split, including decisions and removals such as the ouster of Mamata Banerjee as president, before being given the opportunity to file objections challenging each other’s documents and claims. The process culminates in an oral hearing where representatives present arguments directly to ICEC.
In the AIADMK dispute that followed Jayalalithaa’s death, and facing an imminent by-election, the ECI first froze the party symbol and gave both factions temporary names — a freeze that prevented either side from using the specific mark while the dispute was ongoing. The Double Flower token is expected to remain similarly closed until ECI issues its final ruling.
The ECI has three broad options: recognize one faction outright if it enjoys overwhelming support; Freeze the symbol and direct both groups to compete under temporary symbols if neither obtains a clear majority; Or, if the split is deemed irreversible, recognize both factions as separate parties. Under paragraph 15 of the order, the ECI’s final judgment bears the name and symbol reserved and binds both sides, even though it rests on the symbol alone and does not itself hand over party offices, bank accounts or other assets.
The TMC dispute echoes the 2022-2023 Shiv Sena split, with the ECI eventually giving the party name and ‘bow and arrow’ symbol to the Eknath Shinde faction that largely relies on a legislative majority. The rebels’ strongest card is likewise legislative – the Bengal Assembly Speaker recognized their leadership after they showed support from 58 out of 80 members of the legislative assembly, numbers that mirror those decided in the Shiv Sena and NCP cases. But the legislative majority alone is not the final word; The Commission’s ruling is forward-looking on which faction makes up the party, while matters of defection remain separate with the Speaker of the House.
Legal battles on a separate front – including recognition of the rebel as opposition leader, which the Calcutta High Court has so far refused to keep – remain pending, with the next Supreme Court hearing scheduled for July 28.
