Seen what delay does in Sena: SC to EC for timeline on Trinamool name-symbol row

The Supreme Court on Thursday asked the Election Commission (EC) to specify a timeline for deciding the dispute over the name and symbol of the Mamata Banerjee and Ritabrata Banerjee factions of the Trinamool Congress. The court cautioned against prolonged proceedings by invoking the experience of the Shiv Sena case.

The EC on September 17 froze the All India Trinamool Congress name and flowers and grass symbol as an interim measure after rival factions led by Mamata Banerjee and Ritabrata Banerjee claimed to represent the party. For the October 6 West Bengal bypolls, the Mamata faction has been allotted Mamata All India Trinamool Congress and the football player symbol, while the Ritabrata faction has been allotted Democratic Trinamool Congress and the envelope symbol.

A bench headed by Chief Justice of India (CJI) Surya Kant and comprising Justices Bagchi and V Mohana asked the EC to inform the court how much time it would require for final adjudication, while ensuring both factions get a fair opportunity to present their case.

“We have seen what delay does in Shiv Sena, Sir. There has to be a resolution,” Justice Bagchi told senior advocate Mukul Rohatgi, appearing for the Ritabrata Banerjee faction.

“Find out, for final adjudication, how much time are you expected to take?... reasonable time in which parties are given fair opportunity and you have time to apply mind... but not too long,” CJI Surya Kant told the EC's counsel.

The court referred to the Shiv Sena case, which dates back to Maharashtra Deputy CM Eknath Shinde's 2022 rebellion against Uddhav Thackeray. Both factions claimed the party name and the bow and arrow symbol. The EC eventually allotted the name and symbol to the Shinde faction in February 2023, while the dispute continued in the Supreme Court.

The Supreme Court adjourned the TMC name-symbol matter till next week.SIBAL QUESTIONS TIMING OF EC ORDER

The top court was hearing a petition filed by former West Bengal Chief Minister Mamata Banerjee challenging the EC's September 17 interim order freezing the All India Trinamool Congress name and its flowers and grass symbol amid rival claims by the Mamata and Ritabrata factions.

Senior advocate Kapil Sibal, appearing for Mamata Banerjee, questioned why the EC passed the order after the election schedule had been announced. “Can the EC delay matters, and then pass orders in the midst of elections knowing that I won't have a remedy?” Sibal submitted.

Sibal said the dispute had reached the EC in July and that the poll panel could have passed the order earlier. “They could have passed this order much before the election, and I would have had a remedy,” he said.

He also argued that the EC's decision had left his client without an effective remedy during the election process. He urged the court to direct the commission to decide the substantive dispute in October, before another election takes place.

Justice Bagchi said the immediate solution was for the EC to reach a decision as soon as possible. He also noted that the election schedule had already been notified and that the commission's interim arrangement for the upcoming bypolls could not be disturbed.RITABRATA FACTION SEEKS MORE TIME

Rohatgi opposed an October deadline sought by Sibal for the EC to decide the name and symbol dispute, seeking more ‘breathing time’ for the poll panel.

Senior advocate Neeraj Kishan Kaul, also representing the faction, said the dispute involved complicated factual issues and would require affidavits, documents and evidence from both sides.

Kaul argued that directing the EC to decide the dispute within a month would be unreasonable.

The CJI then asked the EC's counsel to obtain instructions on how much time the commission would need for the final decision.- EndsPublished By: Prateek ChakrabortyPublished On: Sep 24, 2026 15:06 IST