ECI to call rival TMC factions to Delhi for adjudication

The Election Commission of India (ECI) is set to call rival factions of the Trinamool Congress (TMC) to Delhi for adjudication, determining control over the party's name, its iconic twin-flower symbol, and assets valued at ₹876 crore as of March 31, 2025. This formal adjudication process mirrors past ECI decisions involving the Shiv Sena, Nationalist Congress Party, and AIADMK, and will decide the fate of Mamata Banerjee’s three-decade-old political legacy.

Rebel TMC leaders, asserting the backing of approximately 58 out of the party's 80 MLAs, have declared themselves the legitimate All India Trinamool Congress. They have approached the ECI to stake their claim over the party's identity and resources. Led by Ritabrata Banerjee, the newly recognized Leader of Opposition in the West Bengal Assembly, the dissidents have removed Mamata Banerjee as chairperson, appointed senior MLA Arup Roy in her place, established a parallel 30-member National Working Committee, and suspended Abhishek Banerjee, while publicly displaying the party's symbol.

Both factions have submitted competing lists of National Working Committee members to the ECI, each asserting legal control. Under the Election Symbols Order, 1968, the ECI has the authority to resolve disputes arising from splits in recognized political parties. "Once rival factions formally stake claim over a recognized political party, the Commission must follow the procedure laid down under Paragraph 15 of the same order," a senior ECI official stated. "Both sides will be given a full opportunity to place documentary evidence and make their submissions before any decision is taken."

The adjudication process will involve examining official party constitutions, proof of adherence to rules, lists of office-bearers with supporting documentation, and affidavits from MLAs and MPs affirming their allegiance. This legislative and parliamentary support is a critical factor, as demonstrated in previous rulings. Both sides must also detail the sequence of events leading to the split, including the removal of Mamata Banerjee as chairperson, before the ECI makes its determination.

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Once rival factions formally stake claim over a recognized political party, the Commission must follow the procedure laid down under Paragraph 15 of the same order. Both sides will be given a full opportunity to place documentary evidence and make their submissions before any decision is taken. The process is entirely evidence-based and guided by established legal precedents.