“When the Commission is satisfied on information in its possession that there are rival sections or groups of a recognized political party each of whom claims to be that party, the Commission may , after taking into account all the available facts and circumstances of the case and hearing such representatives of the sections or groups and other persons as desire to be heard, decide that one such rival section or group or none of such rival sections or groups is that recognized political party and the decision of the Commission shall be binding on all such rival sections or groups."
-Para 15, Election Symbols (Reservation & Allotment) Order, 1968
In the aftermath of the allotment of the name “Mamata All India Trinamool Congress” and the 'Football Player' symbol to the All India Trinamool Congress (AITC)'s faction led by Mamata Banerjee, a case entitled Mamata Banerjee v Election Commission of India | Diary No. 58005/2026 has been filed in the Supreme Court.
The Press Note No. EC:1/PN/1 14/2026 dated September 7, 2026 was issued by the Election Commission of India (ECI) announcing the Schedule of Elections for 5 seats to the State Legislative Assemblies of various states 01 seat of House of People of State of Assam. The prescribed time schedule [for nomination/scrutiny / withdrawal /symbol allotment etc.] in the notification is governed by statutory timelines. The outer limit of conduct of bye-elections i.e. 6 months from the date of vacancy is governed by Section 150 & 151 A of the RP Acl 1951. This has been complied with in the Commission’s Press Note of 07.09.2026. Para 5 of the Symbols Order enables a State recognized party such as All India Trinamool Congress, to have a 'reserved symbol'. The 'reserved symbol can be utilized for bye-elections and general election to be held not only in the State of its registration, but it is also allowed to have priority of same symbol in case they choose to contest elections in other States. 34. The Returning Officer of 70-Rejinagar Assembly Constituency from West Bengal has received nominations from one Shri Safiuzzaman Saikh claiming to be candidate of All India Trinamool Congress enclosing Form-B authorized by Shri Arup Roy. The Returning Officer also received a nomination aom one Shri Rabiul Alam Chowdhury also claiming to be candidate of Page 12All India Trinamool Congress enclosing Form-B authorized by Ms. Mamata Banerjee. 35. The Returning Officer of 210-Nandigram Assembly Constituency from West Bengal has received nominations from one Shri Ehteshmul Haque claiming to be candidate of All India Trinamool Congress enclosing Form-B authorized by Shri Arup Roy. The Returning Officer also received a nomination from one Smt. Sanchita Pradhan (Dey) also claiming to be candidate of All India Trinamool Congress enclosing Form-B authorized by Ms. IVlamata Banerjee. 36. The Returning Officer of9-Nagaon Parliamentary Constituency from Assam has received nomination from one Shri Abdul Salam claiming to be candidate of All India Trinamool Congress enclosing Form-B authorized by Ms. Mamata Banerjee.
Earlier, in a 14-page long interim order dated September 17, 2026, the Election Commission of India in Dispute Case No. 01 of 2026 In re: Dispute Case No. 01 of 2026 – Dispute in All India Trinamool Congress - dispute under Paragraph 15 of the Election Symbols (Reservation & Allotment) Order, 1968 concluded: "37....it is evident that the time available is not adequate to complete the proceedings under Para 15 of the Symbols Order. However, the Commission takes note of the urgency involved with regard to use of party symbol and party name in the ongoing by-elections. 38. On due consideration of the totality of information available on record with the Commission (as summarized above), the Commission is of the opinion that there are two rival groups in All India Trinamool Congress, one led by Ms. Mamata Banerjee and the other led by Shri Arup Roy, and 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. 39. Accordingly, in order to place both the rival groups on even keel and to protect their rights and interests, and going by the past precedence, the Commission hereby makes the following Interim Order, to cover the purpose of the current Bye-elections and to continue till the final determination of the dispute in the matter in terms of Para 15 of the Symbols Order:- a) Neither of the two groups led by Shri Arup Roy (Petitioner) and other led by Ms. Mamata Banerjee (Respondent) shall be permitted to use the name of the party “All India Trinamool Congress” simplicitor; b) Neither of the two groups shall also be permitted to use the symbol “Flowers & Grass”, reserved for “All India Trinamool Congress”; Both the groups shall be known by such names as they may choose for their respective groups, including, if they so desire, linkage with their parent party “All India Trinamool Congress”; and Both the groups shall also be allotted such different symbols as they may choose from the list of free symbols notified by the Election Commission for the purposes of the current bye-elections.40. Accordingly, both the groups are hereby directed to furnish, latest by 11:00 AM on 18.09.2026: (i) The names of their groups by which they may be recognized by Commission and to this end, give three options in order of preference, anyone of which may be approved by the Commission and; The symbols which may be allotted to the candidates set up, if any, by the respective groups. They may indicate the names of three free symbols, in the order of their preference, anyone of which may be allotted to their candidates by the Commission."
ECI's order records that the All India Trinamool Congress (AITC) is a recognized State Party in the States of West Bengal, Meghalaya and Tripura with the symbol “Flowers & Grass” allotted as its reserved symbol in the said states under the provisions of the Election Symbols (Reservation and Allotment) Order, 1968 ('Symbols Order’ for short). 2. On 23.06.2026, Ms. Mamata Benerjee, vide letter dated 22.06.2026, informed the Commission that at a meeting of AITC National Working Committee held on 20.06.20269 the Chairperson has declared the names of the Office Bearers and members of the National Working Committee of All India Trinamool Congress (AITC). Along with the said letter list of office bearers ofAITC and AITC National Working Committee as on 20.06.2026 was enclosed."
It also recorded that "4. On 24.06.2026, Sh. Derek O'Brien vide his letter dated 23.06.2026 requested the Commission to upload on the Commission's website the latest copy of the party constitution submitted by the party on 07.03.2026 and the updated list of Office Bearers and members of National Working Committee of AITC submitted to the Commission on 22.06.2026. 5. On 29.06.2026, Sh. Abhinav Singh, advocate, filed a Caveat dated 25.06.2026 on behalf of the Caveator, All India Trinamool Congress through Ms. Mamata Banerjee praying therein to register the Caveat and ensure that the notice is served upon the counsel along with copy of the petition before any order is passed and also grant the Caveator an opportunity to be heard before passing any order, interim or final....10. On 06.07.2026, Ms. Mamta Banerjee vide letter dated 05.07.2026 submitted her reply to the Commission’s letter dated 02.07.2026 stating that the claim made by the complainants is fundamentally flawed, illegal and not substantiated by the Party Constitution. That the elections of all the office bearers, including Chairman, are all illegal and de hors the Party Constitution. Ms. Banerjee further requested to disregard the letter dated 22.06.2026 and not attach any credence thereto."
On July 6, 2026, Ritabrata Banerjee sought one week’s time from the ECI to file appropriate response to the Commission’s letter dated July 2, 2026. The Commission vide letter dated July 7, 2026 directed Ritabrata Banerjee to file his reply latest by July 10, 2026. On July 10, 2026, Ritabrata Banerjee vide his letter dated July 10, 2026 stated that he is diligently engaged in procurement of necessary documents for the purpose of submitting a complete and effective response and sought fifteen days additional time i.e. till July 25, 2026 to file appropriate response to the Commission’s letter dated July 2, 2026. The Commission vide letter dated July 13, 2026 directed Ritabrata Banerjee to file his reply latest by July 25, 2026.
The order records: "12. On 12.07.20269 Ms. Mamata Banerjee vide her letter dated 12.07.2026 stated that the reply from her end had been communicated within the stipulated time, i.e. 06.07.2026, and the same was also served physically upon Shri Ritabrata Banerjee. However, the reply on the part of Shri Ritabrata Banerjee was not submitted even after the extension granted vide Commission’s letter dated 07.07.2026. She has further requested that the reply submitted from her end be considered at the earliest, without granting any further time to Shri Ritabrata Banerjee. 13. On 25.07.2026, Shri Ritabrata Banerjee vide his letter dated 25.07.2026 sought ten days additional time i.e. till 04.08.2026 to file appropriate response to the Commission’s letter dated 02.07.2026. 14. On 29.07.2026, Ms. Mamata Banerjee vide her letter dated 29.07.2026 stated that she has not been informed whether Shri Ritabrata Banerjee has submitted any reply, and if such reply has been submitted no copy thereof has been provided to her. Ms. Banerjee further pointed out that since no reply has been received despite extension of time on two occasions, it can be inferred that all her submissions and statements contained in her letter dated 06.07.2026 stand admitted, and no answer has been nrrnished thereto. Ms. Banerjee requested the Commission to conclude the investigation at the earliest, without providing any further opportunity to them to submit comments as sought vide Commission’s letter dated 02.07.2026. 15. On 31.08.2026, Ms. Mamata Banerjee vide her letter dated 30.08.2026 stated that Shri Pirzada Siddique, MLA from 102-Amdanga AC, addressed an email dated 25.08.2026 to the Commission, pointing out that no prior notice or communication was ever circulated to the members and stakeholders of the AITC in respect of the purported 'Special Session’ of the AITC, allegedly held on 22.06.2026. Ms. Banerjee stated that the said communication categorically stated that the entire exercise purportedly conducted at Novotel Kolkata on 22.06.2026, was vitiated by fundamental irregularities and, therefore ought not to be treated as valid exercise in the eyes of law. Ms. Banerjee requested that aforesaid communication dated 25.08.2026, along with the facts, documents and representations placed on record by her, be duly taken into consideration while examining the allegations raised by Shri Ritabrata Banerjee and further requested the Commission to bring the enquiry initiated pursuant to the letter dated 02.07.2026 to an expeditious conclusion."
On September 11, 2026, Ritabrata Banerjee submitted his reply to the Commission’s letter dated July 2, 2026, stating therein specific replies to letters dated 15.06.2026 and 22.06.2026 of Mamata Banerjee, and letter dated 23.06.2026 of Derek o’ Brien. In reply to the letter dated 15.06.2026, Ritabrata stated that the authorization of Abhishek Banerjee and Derek O’ Brien to communicate with the Commission is illegal and non est in law as the mandate of NWC has expired on February 11, 2025. In reply to the letter dated 22.06.2022, Ritabrata stated that the said letter containing list of office bearers of the AITC' and the NWC of the AITC is an unauthorized and rogue attempt to take unilateral decisions on behalf of the party in addition to being a blatant violation of the party constitution. In reply to the letter dated February 11, 2025, Ritabrata stated that amendment to party’s constitution may not be taken on record and uploaded on Commission’s website as the amendment was not as per the constitutional process enumerated under Article XIX of the party’s constitution.
AITC, the political party was founded by Mamata Banerjee in 1998. In 2011, AITMC, in alliance with Indian National Congress and SUCI, it ended the 34-year Left Front Rule in West Bengal, coming to power in the state by winning 227 seats. AITMC secured 187 seats alone, enabling it to run the state without an alliance.
Mamata Banerjee was sworn in as the first woman Chief Minister of the State. She announced the return of 400 acres of land to Singur farmers as one of the first decisions. In 2014 Lok Sabha polls, AITMC won 34 out of 42 seats in Bengal. In, 2016, AITMC won the West Bengal Assembly elections, securing an overwhelming majority of 211 out of 293 seats. It is recognised as a national party by the Election Commission of India. In the 2019 Lok Sabha Elections, TMC secures only 22 seats.
In 2021, it wins the Vidhan Sabha elections for the third time, securing a landslide two-thirds majority winning 215 seats. Party leaders like Suvendu Adhikari and Mukul Roy had defected to BJP just before the assembly elections.
It becomes a key constituent of Congress-led INDIA bloc against the NDA in the run-up to the upcoming 2024 Lok Sabha polls.
It could not gain majority in 2026 election. AITC party, the name and symbol of is frozen by Election Commission of India (ECI) ahead of by-polls in West Bengal.
