Calcutta HC upholds Mamata faction's rights over 3 TMC bank accounts
Synopsis
Key Takeaways
The Calcutta High Court on Monday, 21 September 2026, reaffirmed that the All India Trinamool Congress (TMC) faction led by former West Bengal Chief Minister Mamata Banerjee and her nephew Abhishek Banerjee may continue the 'partial' and 'conditional' use of funds held in three party bank accounts — even as the Election Commission of India (ECI) has temporarily frozen the party's name and electoral symbol.
What the Court Ruled
A single-judge bench of Justice Saugata Bhattacharya made clear that the ECI's interim order freezing the name 'All India Trinamool Congress' and the electoral symbol of 'Flowers and Grass' would have no bearing on his court's earlier directive granting the Mamata Banerjee faction conditional access to the accounts. He noted that the Commission had issued only an interim — not a final — order, and that too specifically for the upcoming by-elections in Nandigram Assembly constituency in East Midnapore district and Rejinagar Assembly constituency in Murshidabad district. The right to spend from these funds will remain with the Mamata Banerjee-led grouping until 29 January 2027, the court stated.
The ECI's Interim Freeze and Its Limits
Under the ECI's interim order issued last week, neither the Mamata Banerjee faction — described in court proceedings as the 'original but minority faction' — nor the Ritabrata Banerjee-led 'rebel but majority' side is permitted, for the time being, to use the party name or its election symbol. The state government's Additional Advocate General Rajdeep Majumdar argued that in light of this freeze, neither faction should hold rights over the three accounts, since those accounts are registered in the name of 'All India Trinamool Congress'. Justice Bhattacharya rejected that argument, holding that the court's position would not change on the basis of an interim ECI order.
Background: How the Dispute Began
The three bank accounts at a private bank were originally frozen by West Bengal state police on charges of illegal transactions. The Mamata Banerjee faction challenged that order before the Calcutta High Court. On 9 July 2026, Justice Bhattacharya ruled that the faction would have temporary control over the accounts, subject to restrictions: spending would be confined to daily operations and worker salaries, overseen by a court-appointed special officer. That order was set to remain in force until 29 January 2027. This comes amid a broader, intensifying split within the TMC — a party that has governed West Bengal since 2011 — with rival factions disputing leadership, organisational control, and, now, financial resources.
Police Report and Next Steps
Separately, the court had directed police to investigate the alleged illegal transactions in the accounts and submit a report. That report was presented to the court during Monday's hearing. The case now continues with the court-appointed officer managing expenditure, and the ECI dispute over the party name and symbol expected to be resolved through a separate formal process before the by-elections next month.