Senior advocate Kapil Sibal seeks priority listing of plea challenging Election Commission’s interim order ahead of West Bengal bypolls
New Delhi, September 2026 : Trinamool Congress (TMC) chief Mamata Banerjee on Monday sought urgent listing before the Supreme Court of her plea challenging the Election Commission of India’s (ECI) interim decision to freeze the party’s established name and its reserved ‘Flowers and Grass’ election symbol amid a dispute between rival factions.
The matter was mentioned before Chief Justice of India Surya Kant by senior advocate Kapil Sibal, appearing for Banerjee. Sibal sought an early hearing, pointing out that the Election Commission had frozen the party’s name and symbol after issuing the notification for the upcoming by-elections.
“They issue a notification and in the middle of notification, they freeze the symbol. We want urgent listing,” Sibal submitted.
Chief Justice Kant said the rival faction would also have submissions to make and indicated that the matter would be considered for listing.
“Both sides will have something to say. When the matter is listed, then argue. We will try to list,” the CJI said.
Banerjee's petition challenges the ECI's interim order preventing both rival groups from using the name “All India Trinamool Congress” and the party's traditional ‘Flowers and Grass’ symbol. The poll panel has said the dispute requires substantive determination under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968.
The Election Commission passed its interim order on September 17 after rival factions claimed control over the party's organisation and electoral identity. The arrangement was made ahead of the October 6 Assembly by-elections in West Bengal, including the Nandigram and Rejinagar constituencies.
Following the freeze, the ECI allotted separate names and symbols to the two groups. The faction led by Mamata Banerjee was allotted the name “Mamata All India Trinamool Congress” and the “Football Player” symbol. The rival faction was allotted the name “Democratic Trinamool Congress” and the “Envelope” symbol.
The Commission's interim arrangement is intended to operate while the substantive dispute over the party's identity is considered. Banerjee's faction has challenged the decision in the Supreme Court, seeking restoration of the established party name and symbol.
Dispute Over Party Control
The dispute has emerged from a wider organisational and political conflict within the TMC, with rival groups staking claims to the party's organisational structure and parliamentary representation.
The Mamata Banerjee-led faction has opposed the rival group's claim to control the party. The rival camp, led by Ritabrata Banerjee, has separately asserted its claim over the organisation and the party's recognised identity.
The disagreement has also affected the party's representation in Parliament. A group of rebel TMC Lok Sabha MPs has separated from the Mamata-led faction and aligned itself with another political formation, leading to a separate dispute over their status under the anti-defection law.
The Mamata-led faction has challenged the delay in deciding disqualification petitions against the rebel MPs. The Supreme Court had earlier issued notice to the MPs on a petition concerning the proceedings, while the matter involving their parliamentary status remained before the competent authorities.
The TMC has maintained that the MPs were elected on its symbol and that their subsequent political alignment attracts the provisions of the anti-defection law. The rebel side, however, has claimed sufficient support among TMC Lok Sabha MPs to constitute a separate parliamentary group.
Bypoll Stakes
The ECI's interim decision assumes significance because the two factions are preparing for the October 6 by-elections. With the original party name and symbol unavailable to both sides under the temporary arrangement, candidates and supporters will have to campaign using the newly allotted identities.
The Mamata-led faction has already begun efforts to familiarise voters with its newly allotted “Football Player” symbol.
The Supreme Court's consideration of Banerjee's plea could therefore have immediate implications for the upcoming bypolls. The central legal issue is whether the ECI was justified in adopting the interim arrangement while the rival claims to the TMC's identity are being examined.
For now, the Election Commission's order remains in force, with both factions required to use their newly allotted names and symbols for the by-elections. Banerjee's plea seeks judicial intervention against that arrangement, while the rival faction is expected to present its position before the Supreme Court when the matter is formally listed.
