सुप्रीम कोर्ट ने ईसीआई से ट्रिनामूल पार्टी के प्रतीक विवाद के निर्णय के लिए त्वरित समय‑सीमा निर्धारित करने को कहा

'We've Seen What Delay Does In Shiv Sena Case' : Supreme Court Says ECI Must Decide Trinamool Symbol Dispute Soon

Debby Jain

24 Sept 2026 12:31 PM IST

The Supreme Court on Thursday (September 24) asked the Election Commission of India to inform how much time would be required to decide the symbol dispute between the Mamata Banerjee and Ritabrata Banerjee factions in the All India Trinamool Congress party.

Observing that an early decision was necessary, the Court asked the ECI to propose a timeline, and adjourned the matter till next week.

The bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing the Writ Petition filed by former West Bengal Chief Minister and Trinamool Congress founder Mamata Banerjee challenging the ECI's September 17 decision to freeze the All India Trinamool Congress (AITC) name and its 'Flowers & Grass' election symbol amid a dispute between rival factions of the party.

Addressing Senior Advocate Dama Seshadri Naidu, the counsel for the ECI, CJI Surya Kant said, "Find out, for final adjudication, how much time are you expected to take? Only for this limited purpose....reasonable time in which parties are given fair opportunity and you have time to apply mind...but not too long." The CJI said that a faster decision was ideal because of the facts narrated in paragraphs 35-36 of the interim order, which record that candidates from both the factions had filed nominations for the bye-elections claiming to be from Trinamool Congress.

Senior Advocate Kapil Sibal, for Mamata Banerjee, asked at the outset whether the ECI can pass such an order in the midst of the bye-election.

"Can the Election Commission delay matters, and then pass orders in the midst of elections knowing that I won't have a remedy? You have passed this order in the midst of elections; I can't file a writ petition, I can't go to Court," Sibal submitted.

The CJI however asked what the ECI can do when they have received nominations from both factions claiming to be the real AITC. The CJI referred to paragraphs 35 and 36 of the interim order.

Justice Bagchi pointed out that the election schedule has already been notified, and hence, the ECI's interim arrangement for the purpose of the notified West Bengal bye-elections "cannot be touched."

Justice Bagchi added that the only question was whether the ECI's finding that the interim arrangement was necessary to "place both the rival groups on even keel" was preceded by a prima facie satisfaction. "There was no consideration at all," Sibal replied.

Sibal submitted that the dispute had reached the ECI in July, and the matter was kept pending for several months, and suddenly, in the middle of bye-election, the order was passed. "They could have passed this order much before the election, and I would have had a remedy," Sibal submitted.

"The intent of the Election Commission of India is to leave me without a remedy," Sibal exclaimed.

The bench however repeated that judicial interference may not be possible now in the middle of the election. Sibal clarified that he was not seeking to challenge the interim order, and pressed for a direction to the ECI to decide the matter in October. He pointed out that local body elections are due soon.

Senior Advocate Mukul Rohatgi for the rival faction leader Ritabrata Banerjee submitted that such interim orders have been regularly passed by the ECI in disputes such as Shiv Sena.

"We have seen what delay does in Shiv Sena Sir," Justice Bagchi replied.

Rohtagi however said that an October deadline would be too short, and requested for more "breathing time." Senior Advocate Neeraj Kishan Kaul, also for the Ritabrata faction, submitted that the matter involves complicated factual issues, which require the furnishing of affidavits and evidence, for which one month would not be a sufficient time.

The writ petition, challenging the ECI decision, was filed on September 18. The ECI and the rival faction's head, Ritabrata Banerjee, were made respondents.

The Commission had on September 17 passed the interim order after it concluded that there were two rival groups, one led by Mamata Banerjee and the other by Ritabrata Banerjee, each claiming to be the real Trinamool Congress.

The ECI has since allotted the name “Mamata All India Trinamool Congress” and the 'Football Player' symbol to the faction led by Mamata Banerjee. The rival faction led by Ritabrata Banerjee has been allotted the name “Democratic Trinamool Congress” and the 'Envelope' symbol. The ECI's interim arrangement is applicable to the upcoming bye-elections, including those in Nandigram and Rejinagar, scheduled for October 6.

The ECI has clarified that the allocation of the new names and symbols is an interim arrangement and does not constitute a final adjudication of the rival claims over the original party name and symbol. The substantive dispute is to be determined separately under Paragraph 15 of the Election Symbols (Reservation and Allotment) Order, 1968.

Case : Mamata Banerjee v. Election Commission of India | Diary No. 58005/2026

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