What is the story about?
The Election Commission has temporarily barred both rival factions of the Trinamool Congress from using the party's official name All India Trinamool Congress (AITC)
and its "Flowers and Grass" symbol in the upcoming West Bengal bypolls. The move does not amount to a final decision on which faction controls the TMC. The Election Commission has said the larger dispute will be decided separately under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968.
Why Has The EC Frozen TMC's Name And Symbol?
The dispute began after rival groups claimed control of the TMC.
The EC said in its interim order that there are currently two rival groups - one led by Mamata Banerjee and the other by Arup Roy - with both claiming to be the party.
“On due consideration of the totality of information available on record... the Commission is of the opinion that there are two rival groups in the All India Trinamool Congress, one led by Ms. Mamata Banerjee and the other led by Shri Arup Roy,” the EC said.
“Each group is now claiming to be the party, and therefore the matter requires a substantive determination by the Commission under Para 15 of the Election Symbols (Reservation & Allotment) Order 1968,” the Commission further said.
The EC said there was not enough time to complete the full proceedings before the upcoming bypolls. It therefore passed an interim arrangement to deal with the immediate election requirement.
What Exactly Has The EC Ordered?
For the October 6 bypolls in Nandigram and Rejinagar, neither faction can use the official party name or the reserved symbol.
“Neither of the two groups led by Shri Arup Roy (Petitioner) and the other led by Ms. Mamata Banerjee (Respondent) shall be permitted to use the name of the party 'All India Trinamool Congress'.”
“Neither of the two groups shall also be permitted to use the symbol 'Flowers and Grass', reserved for 'All India Trinamool Congress',” the poll body said.
Both factions have instead been asked to suggest three names and three free symbols. The EC will allot the names and symbols for the purpose of the bypolls.
Importantly, this is an interim arrangement. It will remain in force until the EC makes its final determination on the party dispute.
What Is Paragraph 15?
Paragraph 15 of the Election Symbols Order deals with disputes when rival sections of a recognised political party each claim to be the party.
The EC can examine the competing claims, hear the rival groups and determine which faction, if any, represents the recognised political party. Its decision is binding on the rival sections.
This is why the current TMC order should not be confused with a final ruling on who owns the party.
TMC vs Shiv Sena: How Similar Are The Two Cases?
The TMC order has similarities with what happened after the Shiv Sena split in Maharashtra in 2022.
After Eknath Shinde's rebellion against Uddhav Thackeray, both factions claimed the Shiv Sena name and its "Bow and Arrow" symbol.
Ahead of the Andheri East bypoll in October 2022, the Election Commission temporarily froze both the Shiv Sena name and the Bow and Arrow symbol. The two factions were asked to use different names and symbols for the bypoll.
The EC said the temporary arrangement was intended “to place both the rival groups on even keel and to protect their rights and interests” while the larger dispute was being decided.
The temporary freeze was followed by a final EC decision in February 2023.
The Election Commission recognised the Eknath Shinde-led faction as the Shiv Sena and allotted it the party's "Bow and Arrow" symbol.
The Uddhav Thackeray-led faction was allowed to use the name Shiv Sena (Uddhav Balasaheb Thackeray) and the flaming torch symbol.
The TMC case has now entered the temporary freeze stage. The EC has yet to make its final determination on the competing claims.
For the immediate West Bengal bypolls, however, neither faction can use the All India Trinamool Congress name or "Flowers and Grass" symbol.
What Happens Next?
The two factions will contest the upcoming bypolls under the names and symbols allotted by the EC.
The separate dispute over control of the TMC will continue under Paragraph 15. The Election Commission will ultimately have to determine the competing claims before deciding who, if anyone, is entitled to the recognised party's official identity and reserved symbol.
