SC to hear Mamata's plea against EC freezing TMC name, symbol on Sep 24

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SC to hear Mamata's plea against EC freezing TMC name, symbol on Sep 24

Synopsis

The Supreme Court's hearing on 24 September could determine which faction gets to contest the 6 October West Bengal by-elections under the TMC banner — a battle that has simultaneously engulfed the Election Commission, the Lok Sabha Speaker, and now the country's highest court.

Key Takeaways

The Supreme Court will hear Mamata Banerjee's plea on 24 September 2026 against the ECI's interim order freezing the TMC name and 'Flowers and Grass' symbol.
A Bench of CJI Surya Kant , Justice Joymalya Bagchi , and Justice V.
Mohana will hear the matter, listed at serial number 26 .
The ECI allotted the Mamata faction the name 'Mamata All India Trinamool Congress' and the 'football player' symbol for the interim period.
The rival Ritabrata Banerjee -led faction was allotted the name 'Democratic Trinamool Congress' and the 'envelope' symbol.
The interim arrangement applies to the 6 October by-elections for Nandigram and Rejinagar Assembly constituencies in West Bengal .
20 rebel TMC Lok Sabha MPs have broken away and aligned with the Nationalist Citizens Party of India (NCPI) , expanding the dispute to Parliament.

The Supreme Court is scheduled to hear on 24 September 2026 a plea filed by All India Trinamool Congress (TMC) chief Mamata Banerjee challenging the Election Commission of India's (ECI) interim order freezing the party's name and its reserved 'Flowers and Grass' election symbol, amid an escalating factional dispute within the party.

How the Case Is Listed

According to the Cause List published on the Supreme Court's official website, a Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana will take up the matter. The case is listed at serial number 26 before the CJI-led Bench as a fresh civil case for admission. Named as respondents are the Election Commission of India, its Secretary, and rebel leader Ritabrata Banerjee.

What the ECI Order Said

The poll panel passed an interim order barring both rival factions from using the established party name and symbol, citing competing claims to recognition as the original political party. The ECI stated that the dispute required a substantive determination under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968, and directed both groups to submit alternative names and symbols for the upcoming by-elections.

Pending that final determination, the ECI allotted the Mamata Banerjee-led faction the name 'Mamata All India Trinamool Congress' and the 'football player' symbol, while the Ritabrata Banerjee-led faction was given the name 'Democratic Trinamool Congress' and the 'envelope' symbol. The interim arrangement covers the 6 October by-elections in West Bengal for the Nandigram and Rejinagar Assembly constituencies.

The Urgent Listing Request

On Monday, senior advocate Kapil Sibal, appearing for Mamata Banerjee, sought urgent listing of the plea before CJI Surya Kant, arguing that the ECI had frozen the symbol in the middle of a by-poll notification. 'They issue a by-poll notification and in the middle of the notification, they freeze the symbol. We want urgent listing,' Sibal submitted.

CJI Surya Kant acknowledged that both sides would have submissions to make. 'Both sides will have something to say. When the matter is listed, then argue. We will try to list,' he said, assuring that the matter would be considered for scheduling.

The Broader Factional Dispute

The conflict over the TMC's organisational control extends beyond the ECI proceeding. Notably, 20 rebel TMC Lok Sabha MPs had broken away and aligned with the Nationalist Citizens Party of India (NCPI), claiming recognition as a separate parliamentary group. The Mamata Banerjee-led faction has challenged the delay by Lok Sabha Speaker Om Birla in deciding disqualification petitions against the rebel MPs under the anti-defection law, maintaining that the MPs were elected on its symbol and that joining another party attracts anti-defection provisions. The rebel faction, however, claims the support of more than two-thirds of the TMC's Lok Sabha MPs and seeks recognition as a distinct parliamentary group.

This is a multi-front battle — simultaneously before the ECI, the Supreme Court, and the Lok Sabha Speaker — making the 24 September hearing a critical early marker in determining which faction holds legitimate claim to the party's identity.

Point of View

But the optics of changing a party's identity weeks before a by-election are deeply problematic for voter clarity. What's striking is the simultaneity of the assault on Mamata Banerjee's position: her party name is frozen, disqualification petitions against rebel MPs languish with the Lok Sabha Speaker, and the rebels claim a two-thirds majority that, if accepted, would rewrite the anti-defection calculus entirely. The Supreme Court's admission decision on Thursday will signal whether the judiciary intends to scrutinise the ECI's procedural timelines — and that signal will matter far beyond West Bengal.
NationPress
23 Sept 2026

Frequently Asked Questions

Why has the Supreme Court been approached over the TMC symbol dispute?
The Supreme Court has been approached because the Election Commission of India issued an interim order freezing the TMC's established name 'All India Trinamool Congress' and its 'Flowers and Grass' symbol, citing competing claims from two rival factions. Mamata Banerjee's faction contests the ECI's authority to freeze the symbol mid-notification cycle and has filed a plea challenging the order.
What symbols have the two TMC factions been allotted for the October by-elections?
The Mamata Banerjee-led faction has been allotted the name 'Mamata All India Trinamool Congress' and the 'football player' symbol, while the Ritabrata Banerjee-led faction has been given the name 'Democratic Trinamool Congress' and the 'envelope' symbol. These interim allotments apply specifically to the 6 October by-elections for Nandigram and Rejinagar constituencies in West Bengal.
When and where will the by-elections take place?
The by-elections are scheduled for 6 October 2026 for the Nandigram and Rejinagar Assembly constituencies in West Bengal. The ECI's interim symbol arrangement was specifically designed to allow both rival factions to contest these seats while the substantive dispute is being determined.
Who is Ritabrata Banerjee and what is his claim?
Ritabrata Banerjee is a rebel leader and expelled legislator who heads the faction challenging Mamata Banerjee's control of the TMC. His group claims control over the party's organisational and legislative structures, and has been allotted the 'Democratic Trinamool Congress' name by the ECI for the interim period.
How does the Parliament dispute connect to the ECI case?
Twenty rebel TMC Lok Sabha MPs broke away and aligned with the Nationalist Citizens Party of India (NCPI), seeking recognition as a separate parliamentary group. The Mamata Banerjee-led faction has challenged the delay by Lok Sabha Speaker Om Birla in deciding anti-defection petitions against the rebels, arguing that the MPs were elected on its symbol and that joining another party triggers disqualification. The rebel faction counters that it has the support of more than two-thirds of TMC's Lok Sabha MPs, which would legally exempt it from anti-defection provisions.
Nation Press
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