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ECI Freezes TMC Name, Symbol | The Legal Observer

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ECI bars rival TMC factions from using the All India Trinamool Congress name and Flowers & Grass symbol pending a final decision.

The Election Commission has temporarily frozen the All India Trinamool Congress name and its reserved “Flowers & Grass” symbol as rival factions contest the party’s identity.

The Election Commission of India (ECI) has passed an interim order restraining both rival factions of the All India Trinamool Congress (AITC) from using the party’s name and its reserved “Flowers & Grass” election symbol. The order was issued on September 17, 2026, amid an organisational dispute over which group is entitled to represent the party.

The Commission’s order was passed by Chief Election Commissioner Gyanesh Kumar and Election Commissioners Vivek Joshi and Sukhbir Singh Sandhu. The dispute is being considered under Paragraph 15 of the Election Symbols (Reservation & Allotment) Order, 1968, which empowers the Commission to determine disputes between rival groups claiming to be the recognised political party.

Two Groups Claim Party Identity

The ECI recorded that there are presently two rival groups within the AITC. One group is led by Mamata Banerjee, while the other is led by Arup Roy. Both groups have claimed to represent the All India Trinamool Congress.

The Commission has not, at this stage, decided which faction is entitled to the party’s existing name and symbol. Instead, it has adopted an interim arrangement pending a substantive determination under Paragraph 15.

The move effectively prevents either faction from using the established party identity for the relevant electoral process.

The dispute assumes particular significance with the upcoming West Bengal Assembly by-elections. The Election Commission has directed the rival groups to submit choices for alternative names and symbols from those available for the current by-elections. Reports state that the factions were required to furnish their preferences by 11 am on September 18.

‘Flowers & Grass’ Symbol Put On Hold

The “Flowers & Grass” symbol has been reserved for the All India Trinamool Congress. Under the interim arrangement, neither faction can use the symbol.

The Commission has also permitted both groups to choose names for their respective factions, including the possibility of retaining a reference or linkage to the parent party. Separate symbols are to be allotted from the list of free symbols notified for the by-elections.

The arrangement is intended to operate only for the present electoral process and does not constitute a final adjudication of the underlying organisational dispute.

Paragraph 15 Proceedings To Decide Final Claim

Paragraph 15 of the Election Symbols Order provides the framework through which the Commission deals with disputes involving rival sections of a recognised political party. In such proceedings, the Commission examines the competing claims and relevant organisational and electoral material before deciding which group is entitled to the party’s recognised identity.

In the present case, the ECI has expressly indicated that the dispute requires a substantive determination. Until that process is completed, the traditional party name and symbol remain unavailable to both groups.

The interim order therefore separates the immediate question of participation in the upcoming by-elections from the larger question of ownership or recognition of the AITC’s established political identity.

Impact On Upcoming By-Elections

The decision comes at a significant stage in the West Bengal electoral calendar. Both rival groups will now have to campaign and contest under the alternative identities permitted by the Commission, unless the interim arrangement is subsequently modified.

The order does not finally determine which faction represents the All India Trinamool Congress. It only establishes an interim mechanism while the Commission considers the competing claims under Paragraph 15.

The dispute will therefore continue before the ECI, with the final determination expected to address the rival claims to the party’s name, symbol and recognised organisational identity.

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