TMC Symbol Battle: Supreme Court Demands EC Action Plan

The Supreme Court on Thursday (September 24, 2026) signaled its reluctance to immediately halt the Election Commission's interim freeze on the All India Trinamool Congress's (AITC) ‘flowers and grass’ party symbol. Instead, the apex court has firmly directed the poll body to establish a reasonable timeline for adjudicating the leadership dispute between former West Bengal Chief Minister Mamata Banerjee and Ritabrata Banerjee, who leads a rival faction of legislators.

Chief Justice of India Surya Kant addressed the Election Commission’s counsel, senior advocate Dama Seshadri Naidu, stating,

Find out how much time you would need for the final adjudication of the dispute after giving parties due representation and for you to also apply your mind. We are not saying anything, but give a reasonable time, do not prolong.

The Court has asked the EC to respond by Monday (September 28).

The interim order, issued by the EC on September 17 under the Election Symbols (Reservation and Allotment) Order, 1968, froze the party symbol to place “both the rival groups on even keel and to protect their rights and interests.” Consequently, neither faction can use the name ‘All India Trinamool Congress’ nor the ‘flowers and grass’ symbol until a final decision is made.

On September 18, the EC allotted new names and symbols to the rival groups. The Mamata faction was designated 'Mamata All India Trinamool Congress' with a 'football player' symbol, while the Ritabrata group received the name 'Democratic Trinamool Congress' and the 'envelope' symbol. This interim arrangement is currently in effect for ongoing byelections.

Senior advocate Kapil Sibal, representing the Mamata faction, argued that the EC deliberately delayed proceedings and wrongly passed the interim order in the midst of the Nandigram Assembly byelection schedule, set for October 6. Mr. Sibal expressed concern, stating, “The intent behind this interim order is to leave me without a remedy… If you allow this order to continue, he [EC] will do it in the middle of every election.

In another election, in another State, he will do the same.”

While Justice Joymalya Bagchi noted that staying the interim order was challenging as new symbols were already allotted and nominations filed, he highlighted the court's prerogative to examine if the EC had thoroughly recorded its reasons before issuing the September 17 order.

The solution in this case is to have the EC come to a final decision as quickly as possible,

CJI Kant observed, with Justice Bagchi adding a cautionary note: “We know what happened to the Shiv Sena due to delay.” This was a clear reference to the recent Shiv Sena split, which led to Uddhav Thackeray losing both the party name and symbol to the Eknath Shinde faction.

Mr. Sibal pressed for an October deadline for the EC to resolve the dispute. Conversely, senior advocates Mukul Rohatgi and Neeraj Kishan Kaul, representing the rival camp, emphasized the need for cooperation from both parties to allow the EC to decide within a reasonable timeframe. They stressed that the ongoing uncertainty must be resolved in the spirit of democracy, with Mr.

Rohatgi remarking that the EC also has other duties, to which Mr.

Sibal pointedly retorted, “We know what other work they have…”

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