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TMC Name And Symbol Frozen: Why EC Blocked Mamata, Arup Roy Factions Before Bengal Bypolls

The EC has stopped both rival TMC factions from using the party’s original name and ‘Flowers and Grass’ symbol until it decides who is entitled to the identity.

The EC froze the TMC’s original name and ‘Flowers and Grass’ symbol after Mamata Banerjee and Arup Roy factions both claimed the party.
Summary
  • The EC froze the TMC’s original name and ‘Flowers and Grass’ symbol after Mamata Banerjee and Arup Roy factions both claimed the party.

  • Mamata’s faction will contest as ‘Mamata All India Trinamool Congress’ with the Football Player symbol.

  • Arup Roy’s faction will use ‘Democratic Trinamool Congress’ and the Envelope symbol until the EC decides the original TMC identity.

The Election Commission has temporarily frozen the All India Trinamool Congress name and its reserved “Flowers and Grass” symbol after finding that two rival groups are claiming to represent the party. One is led by Mamata Banerjee and the other by Arup Roy, whose faction was represented before the EC by Ritabrata Banerjee. With the October 6 bypolls in Nandigram and Rejinagar approaching, the Commission has chosen not to immediately award the original identity to either side. Instead, it has created a temporary arrangement while it examines the rival claims under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968.

Mamata Banerjee’s faction has been allotted the name “Mamata All India Trinamool Congress” and the Football Player symbol. The rival faction has been allotted “Democratic Trinamool Congress” and the Envelope symbol. The EC will determine which faction, if any, is entitled to the original identity under Paragraph 15.

Why Has The EC Frozen The TMC Name And Symbol?

The EC said it found two rival groups in the All India Trinamool Congress, one led by Mamata Banerjee and the other by Arup Roy, with both claiming to be the party.

That finding brings the dispute under Paragraph 15, under which the EC can determine which rival group, if any, is entitled to be recognised as the party and use its reserved symbol.

The timing explains why the Commission did not wait for the final ruling. The EC had announced the Nandigram and Rejinagar Assembly bypolls for October 6, and both factions had nominated candidates when the interim order was passed. The Commission said there was not enough time to complete the Paragraph 15 proceedings before the polls.

The Indian Express reported that the EC therefore decided to put both groups on an “even keel” and protect their rights and interests during the interim period. Neither faction was allowed to use the All India Trinamool Congress name or the Flowers and Grass symbol for the bypolls. The freeze prevents both sides from contesting the bypolls under the same recognised identity while the dispute is being examined.

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Why Did Both Factions Get New Names And Symbols?

The EC’s interim solution was to give each faction a separate electoral identity. It directed both groups to submit three preferred names and three free symbols from the Commission’s notified list.

The New Indian Express reported that the Mamata Banerjee-led faction was allotted “Mamata All India Trinamool Congress” with the Football Player symbol, while the Arup Roy-led group was allotted “Democratic Trinamool Congress” with the Envelope symbol.

The temporary arrangement does not determine which faction is entitled to the original TMC identity.

The New Indian Express reported that the interim arrangement would remain in force until the Commission takes a final decision under Paragraph 15.

What Evidence Will The EC Consider?

Paragraph 15 does not simply give the party name and symbol to the faction led by its most prominent leader. The EC considers the facts and circumstances of each dispute, including the strength of rival factions within the party organisation and among elected representatives.

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The Indian Express explained that, in past disputes, the Commission has generally been able to test a faction’s strength through party delegates and office-bearers, as well as MPs and MLAs. Where the composition of the party organisation itself is disputed, the EC has relied on the strength of elected representatives.

The party constitution is also important. In the present TMC dispute, the two sides have made competing claims about the validity and tenure of the party’s organisational bodies. Mamata’s side told the EC that the party constitution submitted in March provided a five-year term for office-bearers, meaning those elected in 2022 would remain in office until 2027. The rival side argued that the national working committee’s tenure had ended earlier.

These organisational claims are therefore part of the evidence the EC will examine alongside legislative support and other submissions.

Before the 1968 Symbols Order, the EC dealt with symbol disputes under the Conduct of Election Rules, including the 1964 CPI split. The first case decided under the 1968 Order was the 1969 Congress split.

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What Happens To The Original TMC Identity?

The freeze does not permanently cancel the All India Trinamool Congress name or Flowers and Grass symbol. The original identity remains the subject of the pending Paragraph 15 proceedings.

There are recent precedents for such an interim step. The Indian Express reported that the EC froze the Shiv Sena’s name and Bow and Arrow symbol in October 2022 during the Uddhav Thackeray-Eknath Shinde dispute. It had also frozen the Lok Janshakti Party’s name and Bungalow symbol in October 2021 after the split between Chirag Paswan and Pashupati Kumar Paras. In both cases, the purpose was to stop rival factions from using the same identity in elections while the dispute was pending.

The approach can differ depending on the circumstances. In the NCP dispute, the EC ultimately awarded the original party name and Clock symbol to the Ajit Pawar faction. Under Paragraph 15, however, the Commission can recognise one rival group as the party or decide that neither rival group is the recognised party.

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If one TMC faction is ultimately recognised as the All India Trinamool Congress, that faction can be allotted the original name and Flowers and Grass symbol. The other faction would then have to operate under a separate name and symbol.

For the October 6 bypolls, however, that question remains open. The temporary identities apply to the October 6 bypoll process while the Commission continues its substantive proceedings. The interim order therefore settles only the immediate electoral problem; it does not settle the larger dispute over who is entitled to the TMC’s original name and symbol.

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