ECI freezes AITC name & symbol, allots new ones to rival factions
The Election Commission of India (ECI) issued an interim order freezing the name "All India Trinamool Congress" (AITC) and its reserved "Flowers & Grass" symbol, after taking note of a dispute between rival organisational factions each claiming to be the party
Neither faction may use the frozen name or symbol for the upcoming West Bengal assembly by-elections, pending final adjudication of the organisational dispute
As an interim arrangement, the ECI allotted the name "Mamata All India Trinamool Congress" and a football-player symbol to one faction, and the name "Democratic Trinamool Congress" with an envelope symbol to the rival faction
The order was passed less than three weeks before scheduled by-elections in two West Bengal assembly constituencies
One of the factions has since approached the Supreme Court challenging the Commission's order
Election Symbols (Reservation and Allotment) Order, 1968 — Paragraph 15
The Election Symbols (Reservation and Allotment) Order, 1968 is a quasi-legislative instrument issued by the ECI under Article 324 of the Constitution and Section 29A of the Representation of the People Act, 1951, governing recognition of political parties and reservation/allotment of symbols. Paragraph 15 empowers the Commission to resolve disputes between rival sections or groups of a recognised political party, each claiming to be that very party.
Key Details
- Under Paragraph 15, when satisfied that rival groups exist within a recognised party, the ECI may — after hearing all sides — decide that one group, or none of the groups, is that recognised party; the decision binds all rival factions
- If the dispute is inconclusive on the available facts, the Commission can freeze the party's name and symbol altogether and direct all factions to register under new names with new symbols, as an interim measure pending final resolution
- Paragraph 15 applies specifically to recognised national and state parties; disputes in unrecognised/registered parties are handled differently, generally by asking the group to register afresh
- The freeze-and-reallot approach is an interim safeguard, not a final determination of which faction is the "real" party
The freezing of the AITC name and symbol, followed by allotment of new interim names and symbols to both factions, is a textbook application of Paragraph 15 where the Commission found the dispute too contested to make an immediate final ruling before the by-election deadline.
The Sadiq Ali Test and the "Legislative-cum-Organisational Majority" Standard
In Sadiq Ali v. Election Commission of India (1972), the Supreme Court held that when resolving a dispute between rival factions of a party under the Symbols Order, the ECI must examine majority support across both the party's organisational wing (office-bearers, delegates, membership) and its legislative wing (elected MPs/MLAs), rather than relying on any single test in isolation.
Key Details
- The "Sadiq Ali test" remains the ECI's principal guiding framework under Paragraph 15 disputes, supplementing the text of the Order itself
- The test was most recently and prominently applied in the 2022–2023 Shiv Sena dispute, where the Commission ruled in February 2023 in favour of the faction with demonstrated legislative-wing majority and recent electoral performance
- The Shiv Sena ruling is currently under challenge before the Supreme Court, with questions raised on whether legislative majority alone can be treated as a reliable proxy for organisational support
- Similar Paragraph 15 disputes have previously arisen in the Samajwadi Party, AIADMK, and Lok Janshakti Party splits
Where a majority determination is not readily made before an election deadline — as with the AITC dispute ahead of the by-polls — the Commission has, consistent with past practice, opted for an interim freeze rather than an immediate majority-based award of the name and symbol to either side.
Section 29A, Representation of the People Act, 1951 — Registration of Political Parties
Section 29A lays down the statutory procedure for registration of an association or body as a political party with the ECI, a prerequisite for a party to be eligible for symbol allotment and other benefits under the Symbols Order.
Key Details
- An association intending to register as a political party must apply to the ECI within 30 days of its formation, furnishing prescribed particulars (name, address, membership, office-bearers)
- The applicant must publish the proposed party name in national and local newspapers, inviting objections within a specified period, before the Commission decides on registration after hearing the applicant
- A faction directed to adopt a new name (as in this case) that is not simply reusing an already-registered party's identity may itself need to complete fresh registration formalities for future recognition
- Registration under Section 29A is distinct from "recognition" as a national/state party, which depends on separate vote-share and seat-share criteria under the Symbols Order
The two AITC factions, having been allotted fresh interim names, now operate under those new identities for the by-elections, a process that draws on the same statutory registration machinery under Section 29A that governs how parties and their names are formally recognised by the Commission.
- Interim names/symbols allotted: "Mamata All India Trinamool Congress" (football-player symbol) and "Democratic Trinamool Congress" (envelope symbol)
- Original frozen symbol: AITC's reserved "Flowers & Grass" symbol
- Governing legal instrument: Election Symbols (Reservation and Allotment) Order, 1968, Paragraph 15
- Guiding precedent: Sadiq Ali v. ECI (1972 Supreme Court ruling) on the legislative-cum-organisational majority test
- Most recent major precedent: ECI's February 2023 ruling in the Shiv Sena name/symbol dispute, now under Supreme Court challenge
- Statutory basis for party registration: Section 29A, Representation of the People Act, 1951