Reasonable Time For Fair Opportunity To Lead Evidence: Supreme Court Asks ECI To Apprise It Of Timeframe In Trinamool Congress Name And Symbol Dispute

The Supreme Court has asked the Election Commission of India (ECI) to apprise it of a realistic timeline within which it can arrive at a final adjudication regarding the dispute between rival factions over the name and "Flowers & Grass" symbol of the All India Trinamool Congress (AITC).

On September 21, the Court agreed to list the matter at the earliest.

The Election Commission of India had issued an interim order freezing the name "All India Trinamool Congress" and its reserved "Flowers & Grass" symbol and barring both rival factions of the All India Trinamool Congress from using the party name and symbol for upcoming bye-elections.

The Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing a plea of former West Bengal chief minister Mamata Banerjee against the Election Commission's (EC) decision to freeze the TMC's name and party symbol.

The Court said, "Mr. Naidu how much time are you expecting for final this adjudication?...we are not saying anything, because in Para 39 you yourself have said... Commission said... interim order to cover the purpose of the current by-elections and to continue till the final determination of the dispute in the matter in terms of Para 15 of the Symbol Order. So how much time do you expect? A reasonable time in which the parties are given fair opportunity to lead their evidence."

Senior Advocate D S Naidu appeared for the Election Commission of India, while Senior Advocate Kapil Sibal appeared for Mamata Banerjee

The bench asked Naidu to apprise it of the timeline for finally deciding the row over the ownership of TMC's name and election symbol.

The court posted Banerjee's plea for hearing on September 28.

"In fairness, I cannot ask for a stay of this election," Sibal said, referring to the October 6 West Bengal assembly bypoll when Justice Bagchi said that the election process had already begun.

Sibal said that the process, adopted by the poll panel, was completely wrong as it was done during the election process, leaving Banerjee without any remedy to challenge the freezing order.

"Maybe what is required is to issue a direction to the (Election) Commission that they should start hearing the matter, hear it for some time on a day-to-day basis, whatever evidence or proof you have to lead, and decide it," the CJI said.

Sibal also submitted, "I have challenged this order of freezing the symbol. I have challenged this order. Without challenging the process of the election, that order is still alive. I can challenge it. I have challenged it. That may be decided whether this order is good or bad. That's all. I don't want anything else. At least that should be decided, My Lords.

Justice Bagchi said, "That issue we would consider. Does the symbol give any of the benefit to the parties?"

Recognizing that time was inadequate to finalize proceedings under Paragraph 15 of the Symbols Order before ongoing bye-elections, the Commission directed both factions to submit three preferred group names and free symbols for temporary allocation.

There are two rival groups in All India Trinamool Congress, one led by Mamata Banerjee and the other led by Arup Roy, and each group claimed to be the party. All India Trinamool Congress has a logo 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.

An internal rift broke out over the leadership and operational management of the recognized political party, All India Trinamool Congress (AITC), when Mamata Banerjee informed the Election Commission of India (ECI) on June 23, 2026, that an AITC National Working Committee (NWC) meeting took place on June 20, 2026, to announce office bearers.

Simultaneously, Ritabrata Banerjee also submitted a petition contending that the NWC’s mandate had expired on February 11, 2025, making all following actions invalid from the outset, and noted that a Special Session assembled on June 22, 2026, selected Arup Roy as the NWC Chairperson.

Cause Title: Mamata Banerjee v. Election Commission of India & Ors. [Diary No. 58005/2026]